Seaboard Air Line Railroad v. Hawkins

While I agree with the conclusion reached in Division 1 of the opinion, I cannot agree with the rule of law set forth therein as it is stated for the reason that a necessary element of the rule is omitted. The intimation in Division 1 is that there is no longer a procedure for objecting to an amendment upon the ground that the amendment does not meet the ruling on demurrer. Prior to the Civil *799Practice Act (which has abolished demurrers in all the courts of this state which are courts of record) where demurrers, either general or special, were sustained with leave to amend and the order…