Howard v. Citizens & Southern Bank

1. The petition contained several counts. A general demurrer to the first count was overruled, and to this judgment no exceptions were taken. This ruling, therefore, “made the law of the case, and was a conclusive determination that a right of action existed in favor of 'the plaintiff.” The case proceeded to trial, and the undisputed evidence introduced clearly established the plaintiff’s case as laid in the first count of her petition. The plaintiff,^ therefore, was entitled to a verdict and judgment in her favor for the amount sued for in the first count of her petition (Pierpont Mfg. Co.…