Pope v. United States Fidelity & Guaranty Co.

Duckworth, Justice.

That portion of the judgment excepted to, stating that while the demurrers were considered along with the other pleadings and the evidence, no ruling was made thereon, is assailed as error; and it is insisted that the court erred in not passing on the demurrers at the interlocutory hearing. It is provided in the Code, § 81-1002, that in all cases demurrer, pleas, and answer shall be disposed of in the order named, and that demurrers and pleas shall be determined at the first term, unless continued by the court or by consent of parties. It is provided further, that '“in…