Kistner v. Conery

Per Oubia:m:.i

Tbe case comes to us on a certificate from tbe trial judge wbicb contains a copy of tbe petition filed by tbe plaintiffs, and of tbe demurrer interposed by defendant, and tbe following record made by tbe court: “Demurrer to'petition submitted and sustained, and plaintiffs except.” There is no statement that plaintiffs elected to stand on tbeir petition, or that any judgment bas been rendered against them. There is no assignment of error, and tbe only showing with reference to- tbe appeal is, “Appeal to tbe supreme court according to- law,” following tbe certificate of tbe judge.…