Bryan v. Henderson

This is a bill filed to perpetually enjoin a judgment at law.' A demurrer to the jurisdiction of the Court to entertain the bill upon the facts alleged was overruled: Subsequently the bill was amended upon leave granted in the decree overruling demurrer. The defendant, instead of again demurring, answered the bill as amended, denying the facts upon which relief was sought. The action of the Court in overruling the demurrer to the original bill is now assigned as error. The demurrer ought to have been sustained. It is insisted, however, that, "inasmuch as the bill was subsequently amended,…