Kokomo Rubber Co. v. Anderson

1. This court has no jurisdiction to consider a hill of exceptions where it does not assign error upon a final judgment, or where no final disposition • of the case would have been made if the court had rendered such a judgment as the plaintiff in error contends should have been rendered. Civil Code (1910), § 6138.

2. A demurrer upon the ground that the petition seeks to recover an amount in damages in excess of what the plaintiff is legally entitled to recover under the facts alleged, which demurrer admits that the petition sets out a cause of action against the defendant, entitling the…