Watkins Co. v. Harrison

1. A special demurrer interposed to the petition, on the ground that the demurrants were guarantors and not sureties, and were therefore not suable with the principal defendant, was overruled, and no exception having been brought to that ruling, it stands as an adjudication—the law of the case — that the demurrants are sureties, regardless of the true character of their obligation, under the general law.

2. Other grounds of demurrer were likewise overruled, without exception, while a demurrer that the petition does not set forth a cause of action, and that the contract sued on does not…