Levinshon v. Edwards

The complaint, as amended, contained a special count, and the common count for money had and received. A demurrer was interposed to the special count, which was sustained. The parties proceeded to trial on the common count, and, in consequence of adverse rulings on the exclusion of evidence, the plaintiff suffered a non-suit, taking a bill of exceptions. In this condition of the record, our inquiry is restricted to the questions presented by the exclusion of evidence. In such case, the ruling on the demurrer to the complaint is not the proper subject of an assignment of error, and can not be…