Nugent v. Laduke

On Petition eor a Rehearing.

Black, C.

The record shows that the appellants demurred to the complaint for want of sufficient facts, and that the demurrer was overruled, but does not show that the appellants excepted to this ruling.

It is argued by the eminent and learned counsel for the appellees, in support of a petition for a rehearing, that, by failure to except to the ruling upon the demurrer, the appellants waived the question of the want of sufficiency of the facts stated in the complaint, and that this court ought not to consider that question.

By failure to except to the ruling the…