Cowan v. Huffman

The appellant assigns for error the sustaining of the ap-pellees’ demurrer to the amended complaint.

The appellees insist that we can not review the ruling on demurrer, for the reason that no exception was taken to the action of the court in sustaining the demurrer at the time it was made.

We have examined the record, and find that it recites the ruling of the court on the demurrer, and a refusal of the plaintiff to amend the complaint or plead furiher, and that thereupon the court rendered judgment on demurrer. Then follows a/formal judgment that the plaintiff take nothing by the action, and…