Jacoby v. Jacoby

Head, Justice.

In the present case the trial court overruled the defendant’s general demurrer and certain grounds of his special demurrers and sustained one ground of special demurrer. The court allowed the plaintiff fifteen days to amend, and within this period the plaintiff filed an amendment. After the expiration of the time for amendment no further adjudication was made by the court as to the sufficiency of the petition. The defendant in a direct bill of exceptions excepts to the judgment overruling his general grounds of demurrer. Held:

“Where the court sustains any or all demurrers to…