Durrence v. Waters

1. The losing party to a judgment on general demurrer is given the option to sue out a direct bill of exceptions assigning error on the judgment, or to have certified and filed exceptions pendente lite. If the latter course be followed, the ruling on demurrer becomes a pendente lite ruling which is reviewable only after the termination of the case, on exceptions taken to the final judgment rendered therein. Civil Code (1910), § 6138.

2. Where a plaintiff against whom a verdict has been rendered makes a motion for new trial, he can not properly, while the same is pending and still undisposed…