Livingston v. Barnett

1. A demurrer to an original petition does not, without more, cover the petition after it has been amended in material respects; but in such case the demurrer should be renewed if it is still relied on.(a) While the defendant did renew her original demurrer as well as file an entirely new demurrer attacking the petition as amended, she excepted only to the order overruling her original demurrer, and the subsequent rulings, not having been challenged in any manner, became the final law of the case as related to the demurrers. In the circumstances, the exceptions to the original order present…