Horton v. Walker

Wyatt, Justice.

It appears from the recitals in the bill of exceptions that on May 12, 1948, the defendant in error filed an equitable petition and obtained thereon an ex parte restraining order. On May 25, 1948, the case came on regularly for an interlocutory hearing. According to the bill of exceptions, no evidence was introduced, but the plaintiff in error then “made an oral motion to dismiss the petition in the nature of a general demurrer, on the ground that said petition failed to set out a cause of action and failed to set out sufficient grounds for the relief prayed, and after argument…