Head v. North American Life Insurance

1. The court did not err in overruling the defendant’s demurrer to the plaintiff’s petition, nor in sustaining the plaintiff’s demurrer to the defendant’s answer. Moreover, were it otherwise, such rulings became moot and harmless as against Head, when the petitioner expressly abandoned in open court the prayer for a personal judgment against Head because of the alleged assumption by the latter of the debt of Mrs. Burkhalter according to the security deed.

2. The case was brought to this court on direct bill of, exceptions, there having been no motion for new trial. “Where a case has been tried…