Southern Railway Co. v. Town of Temple

Wyatt, Justice.

It is contended that the judgment of the court below sustaining the general demurrer and dismissing the petition without a hearing was error. Code (Ann. Supp.) § 81-1001 provides in part as follows: “The judge at any time in vacation after the appearance day of the case shall, upon request of counsel for either party, hear and decide all objections made to the sufficiency of the petition and pleas. . . Such hearing may be had at any place in the circuit after due notice to attorneys for the parties.” It will be noted that this Code section provides that the judge shall hear and…