J. Williams & Co. v. Verne

Gaines, Associate Justice.

The court did not err in overruling the exceptions of appellants, who were defendants in the court below, to plaintiff’s amended petition.

The original petition, it is true, was filed upon a legal holiday, and the statute provides that no civil suit shall be commenced, or any process issued or served on such day, except in certain cases. (Rev. Stats., art. 1184.) But defendants first answered *416by a general demurrer and general denial and thereby, as we think waived any objection to the further prosecution of the action by reason of the irregularity in filing the…