Shropshire v. Broome

Hawkins, Justice.

A caveat was filed to a proceeding to probate a will in solemn form, to which caveat the propounder interposed general and special demurrers. The case having been appealed from the court of ordinary to the superior court, the trial judge in the superior court entered an order and judgment overruling the demurrer to the caveat, and to this judgment only the propounder excepts by direct bill of exceptions, there being no assignment of error upon any judgment granting or refusing probate of the will. Held:

1. Although no motion has been made to dismiss the writ of error, “where…