Sistrunk v. Davis

Where an action is instituted seeking substantial relief against several defendants, and one of them files a demurrer which goes to the substance of the whole petition and challenges the plaintiff’s right to any relief, and the demurrer is sustained, the resulting dismissal of the petition enures to the benefit of all the defendants, and they become interested in sustaining the judgment. The same is true as to a later judgment refusing a motion of the plaintiff to reinstate the suit. Where in such a case the plaintiff desires to except to the court’s rulings in dismissing the action and in…