Hunnicutt v. Shelby Mutual Insurance Company

Before evidence was offered, defendant demurred ore tenus to each complaint on the ground the facts alleged did not state a cause of action. Specifically, they pointed out plaintiffs’ allegation that the 1947 Chevrolet, operated by Huskey on the occasion of the collision, “was owned by either John Robert Huskey, his mother or some other member of his household.” Thereupon, this entry was made: “COURT: Let the record show I overruled the demurrer ore tenus at this time.” Defendant excepted. No other entry with reference to defendant’s said demurrers ore tenus appears in the record. Nor does it…