DePuy v. City of Wabash

The appellants make three assignments of error in this court: First, upon the ruling of the lower court in sustaining a motion for an entry, nunc pro tunc, of a ruling upon a demurrer to the original complaint; second, the sustaining of a demurrer to the amended complaint ; third, the action of the court in dissolving the restraining order issued upon the original complaint.

The first assignment is not discussed hy the appellants, *337and will, therefore, not be considered. The third assignment is conceded, by appellants, to he unavailing if the complaint was had on demurrer, and we may suggest…