Robinson Mineral Spring Co. v. DeBautte

On Application for Rehearing.

Blanchard, J.

The contention is that the court omitted to consider the exceptions of want of jurisdiction and no cause of action. These were filed by defendant in limine and after argument thereon were ordered by the trial judge to be referred to the merits. Whereupon defendant, reserving the benefit of his exceptions, filed his answer.

The exceptions appear not to have been specifically passed upon *1288by the court below. Its general judgment was in favor of defendants, apparently on the merits, rejecting the demands of plaintiff, and this appealed ensued.

This court,…