Hinson v. Mutual Fertilizer Co.

1. The 3d paragraph of the defendant’s plea set up the only defense interposed. The court passed an order sustaining a special demurrer to this paragraph, unless the defendant should by amendment, on or before a specified date, cure the defects pointed out in the demurrer, and providing that “upon the defendant’s filing amendment by said time, covering the defects pointed out in said answer, . . said special demurrer be overruled.” No exception pendente lite was filed, but, within the time fixed hy the order, the defendant offered an amendment, which clearly failed to meet the objections…