Citizens Gas & Fuel Co. v. Warden

On Petition for Rehearing.

McMahan, J.

Appellant, in support of its petition for a rehearing, insists we erred in holding it was not reversible error to overrule the demurrer to the complaint. In support of this contention, appellant cites Friedersdorf v. Lacy (1910), 173 Ind. 429, 90 N. E. 766; Belt, etc., Co. v. Mann (1886), 107 Ind. 89, 7 N. E. 893, and Ryan v. Hurley (1889), 119 Ind. 115, 21 N. E. 463, in each of which cases, the Supreme Court held an error of this kind cannot be cured by subsequent proceedings in the case. But, as was said by this court in Vulcan Iron, etc., Co. v.…