Clay v. Smith

Almand, Justice.

Under the view we take of the case, it is unnecessary for us to pass upon the contention of the defendant that the auditor’s rulings on the special demurrers, in the absence of exceptions pendente lite, and the plaintiff’s election to file an amendment, became the law of the case. The rulings on the special demurrers were set out in the auditor’s report, and exceptions to these rulings were filed by the plaintiff, to which no objections were made by the defendant. The trial judge considered and passed upon these exceptions as being properly made, and in our view of the case we…