Lewis' Admr. v. Bowling Green Railway Co.

Opinion op the Court by

Judge Nunn —

Reversing.

This action was instituted by appellant against the Bowling G-reen Railway Company, Rupert Meyers and *461W. C. Brownfield. Appellee filed a demurrer to the petition and the court sustained it, and appellant offered to file an amended petition, but appellee objected and the court sustained its objection and refused to-allow it to be filed. The amended petition was not made a part of the record by either an order of court or by a bill of exceptions, therefore it can not be considered on this appeal, although it is copied into the record. (Hortsman v. C.…