Moore v. Berry

Hawkins, Justice.

1. The assignment of on-or in the bill of exceptions that the court erred in failing to sustain a general demurrer, based upon the ground that the petition failed to state a cause of action, is without merit, since it does not appear from the record that any such demurrer was interposed to the petition in the trial court.

2. The plaintiffs in error designate the proceeding in the trial court as a habeas corpus proceeding, seeking to recover custody of a minor child. Exception to the final judgment on the ground that no process was affixed to the original petition is without…