Devoss v. Jay

This case was heretofore before this Court. 9 Ind. R. 366. The record now shows, by an entry nunc pro time, that the ruling of the Court on the demurrer was excepted to. It is also by agreement made to show that the defendants raised questions as to the jurisdiction of the Court, as to the service of process, and also on a motion to strike out parts of the complaint. Upon these facts, the appellees assign cross-errors. They also, in answer to the assignment of errors, pleaded the former decision in the case in this Court; to which the plaintiff *401replied that it was not upon the merits, but…