Bingham v. Nypano Rd. Co.

The first claim of error is that the trial court erred in sustaining the demurrer to the original petition. This proposition can be easily disposed of. When that demurrer was sustained the plaintiff did not elect not to further plead and did not permit final judgment to be entered on that demurrer and prosecute error therefrom, but on the other hand elected to file an amended petition. Whether or not the original petition was obnoxious to a demurrer is not open to inquiry at this time. The amended petition superseded the original petition and all further pleadings and proceedings in the case…