Green v. Ryan

An examination of the docket and journal entries shows that a petition was filed and a demurrer filed thereto by the appellees. Thereafter, an amended petition was filed and the transcript of the docket and journal entries shows no demurrer filed to such amended petition by appellees. No demurrer to such amended petition by appellees is found among the papers, nor is there any stipulation that the original demurrer shall apply to the amended petition. The opinion and judgment of the trial court indicate that such judgment is predicated upon a demurrer to the amended petition. It is, to say…