Johnson v. Henry & Co.

1. The petition was in two counts, in each of which the plaintiff sought injunction, cancellation, and damages. The court passed an order sustaining the defendant’s demurrer “to the extent that count two of the petition is stricken, and [the] allegations and prayer for damages in count one are stricken.” The plaintiff excepted. Count one was not dismissed in its entirety, but was allowed to proceed as a suit for cancellation and injunction. Held, that the bill of exceptions brought as a main and independent bill was premature-, and must be dismissed. Civil Code (1910), § 6138; Stein v.…