Trust Co. v. Mobley

(After stating the foregoing facts.)

The plaintiff insists that the judgment of October 11, 1928, which was rendered after the allowance of the plaintiff’s amendment, and which, in view of the amendment, revoked the previous order sustaining the defendants’ general demurrer, was in legal effect the overruling of the general demurrer, and, being unexcepted to, became the law of the case and should stand as an adjudication that the petition set forth a cause of action. There is no merit in this contention. Under the terms of the previous order the allowance of the amendment in this case ipso…