Rudder v. Trice

FOSTER, Justice.

In this case, plaintiff caused a nonsuit to be entered on account of the adverse ruling of the court in sustaining demurrer to counts 12, 13 and 16, as amended. The motion for a nonsuit recites that the ruling sought to be reviewed was because of grounds 1201, 1202 and 1203 of the demurrer. The judgment of the court sustained the demurrer generally, and the nonsuit as ordered by the court is not confined to those grounds of demurrer.

If any ground of demurrer to those counts, or either of them, was good, that was justification for the ruling as to such count. Plaintiff could…