Johnson v. Motor Contract Co.

Atkinson, Presiding Justice.

A motion was made to dismiss the writ of error, because, the action being against two defendants, the order sustaining the separate general demurrer of one of them left the ease pending in the trial court against the other defendant who did not appear; and consequently the order was not a final judgment upon which a bill of exceptions could be taken. The action was against the defendants jointly upon a joint cause of action, charging the defendants jointly with having carried on a joint enterprise in pursuance of a conspiracy between them to defraud, and by such…