Devoe v. Dusey

— -There was no election by the defendant to stand upon his pleading. Nor was any judgment entered against him. His appeal was, therefore, premature. We have held repeatedly that a party- may not appeal from an adverse ruling on a de-. murrer unless he elects to stand- upon his pleading or suffers judgment for want of - pleading or of amendment to his pleading. Our cases on this subject are cited and reviewed in Hansen v. Independent Sch. Dist., 193 Iowa 417. The reason for such a rulé is manifest. A ruling on a demurrer adjudicates nothing, except upon the election of the defeated party to…