Slimmer v. Rice

*100The opinion of the court was delivered by

Burch, J.:

The action was one for damages for breach of the covenants contained in a warranty deed. A demurrer was sustained to the petition on January 15,1915. Leave was given to amend and the cause was continued to the next term. At the next term and on April 23, 1915, the action was dismissed, no amendment having been filed. On September 7, 1915, the plaintiff appealed from the judgment of April 23, 1915. Error is assigned on the ruling sustaining the demurrer.

The assignment of error can not be considered, because the appeal was not perfected within…