Sheffield v. Ervin

Defendant in error contends that even though plaintiff below filed an amendment within the 20 days allowed, if the amendment does not cure the defects pointed out by the demurrer, the dismissal of the action relates back to the date of the signing of the order sustaining the demurrer and giving leave to amend, that is, January 17, 1951, and that such date was more than 20 days before the tender of the bill of exceptions and that therefore the bill was not tendered in time, and further contends that no error is assigned upon the “final and determinative order” of January 17, but only upon a…