Brockett v. Maxwell

ON MOTION FOR REHEARING.

Duckworth, Justice.

The motion for rehearing filed by the plaintiff in error contends that the decisions cited in support of the ruling in paragraph 1 of the syllabus, being cases where the judgments complained of were denials of the relief sought, are not authority for and do not sustain our ruling. It is contended that, since the judgment here under review was one dismissing on demurrer the amended petition for injunction it presents a question materially different from that where the exception is to a ruling denying the relief sought. That which renders a case moot…