Cochran v. Groover

(After stating the foregoing facts.)

We deal first with the assignment of error' in the cross-bill of exceptions, based upon an exception to the judgment of the court overruling the demurrer of the.defendant to the petition as originally drawn. If the petition as originally drafted sets oiit a cause of action, and if this cause of action was not destroyed by subsequent amendments, then the judgment finally dismissing the petition on demurrer, which is the error assigned in the main bill of exceptions, should be reversed. It is insisted by the defendant that the petition sets forth no cause of…