St. John v. Ivers

Opinion by

LOGSDON, C.

Separate petitions in error have been filed in this court by Pierce St. John and Anna St. John, but Pierce” St. John alone has briefed the case. Of the numerous assignments of error presented and argued in his behalf the sixth and ninth are determinative of this proceeding. The sixth assignment reads:

“6th. That said court erred in overruling the demurrer of this plaintiff in error to the evidence of the defendant in error."

The order of the court overruling defendant’s demurrer to the evidence of plaintiff reads :

' “The Court: Due to the fact that the answer of Pierce St.…