Johnson v. Southern Railway Co.

1. On September 10, 1927, the court sustained the defendant’s plea in bar, and dismissed the petition of the plaintiff. To this judgment the plaintiff excepted pendente lite, and assigns error thereon. On September 23, 1927, the court, without notice to the plaintiff, passed an order revoking and vacating the order sustaining the defendant’s plea in bar and dismissing the petition. To this order the plaintiff excepted pendente lite, and assigns error. The plaintiff offered an amendment to his petition, in reply to the plea in bar. The court rejected this amendment, and the plaintiff excepted…