Hardin v. Douglas

The jury having rendered a verdict, the defendants made a motion for a new trial, which was granted. The plaintiff did not file a direct bill of exceptions complaining of the judgment granting a new trial, but presented exceptions pendente lite to the judgment, which were duly certified and filed as a part of the record in the case. Subsequently when the case was called for trial the defendants submitted a written demurrer to the petition as amended, and at the same time made an oral motion to dismiss the petition. The oral motion was sustained, with leave to the plaintiff to amend within ten…