Elliott v. Orange Crush Bottling Co.

On February 11, 1937, the court sustained certain special demurrers to the petition, and passed the following order: “The plaintiff is allowed fifteen days in which to amend as herein required; in default of which the case will stand as dismissed." No amendment ivas offered. Subsequently to the fifteen-day period a bill of exceptions was filed, in which error was assigned on said order. The bill of exceptions contains no other assignment of er'ror. The defendant in error made a motion to dismiss the writ of error, on the ground that no exception therein was taken to any final judgment, but…