Toney v. Toney

Jenkins, Presiding Justice.

1. Although the overruling of a general demurrer to a petition, without any exception to the judgment, establishes the law of the case, the plaintiff is not relieved by such a judgment from proving his ease substantially as laid in the petition. Especially is this true, if there be anything in the petition that is valid, where the judgment itself does not hold that all the averments of the petition are good, but, as in the instant case, without holding what averments are good, merely states that a general demurrer to such a petition should be overruled. See, in this…