Sunbrand Supply Co. v. Garment Finishing Equipment Corp.

Nichols, Judge.

1. It does not appear, either from the record or the bill of exceptions, that the defendant called its general demurrer to the attention of the trial court or insisted upon a ruling thereon before proceeding with the trial of the case on its merits. “Where parties go to trial upon the merits of a case without calling the court’s attention to1 demurrers filed to the pleadings, and without insisting upon a ruling thereon, the defendant thereby waives any rights that he might have to a hearing on the demurrers, and the court does not err in treating them as abandoned. Chambers v.…