Allen v. A. A. A. Finance Co.

Bell, Judge.

This appeal is brought before final disposition of the cause by a direct bill of exceptions based solely upon error assigned on the sustaining of a general demurrer to the answer and cross-action and their dismissal. No motion to dismiss the bill of exceptions was made by the defendant in error.

'A judgment sustaining a plaintiff’s demurrer to an answer and cross-action filed by a defendant can not be reviewed by a direct bill of exceptions before the final disposition of the case in the court below. Since this cause has not terminated finally in the trial court, it is before us…