Newton v. Roberts

1. Where a general demurrer to a petition was overruled, and the case proceeded to a verdict in favor of the plaintiff, and the defendant filed a motion for a new trial, and, while the motion was pending in the trial court, the defendant sued out a direct bill of exceptions, assigning error on the judgment overruling the general demurrer to the petition, and where no exceptions pendente lite to that judgmenl were filed and certified before the bill of exceptions was pre*157sented to the judge, the bill of exceptions will not be dismissed by this court, where it was presented to the judge within…