Standard Club v. Saphire

Felton, Chief Judge.

The plaintiff in error contends that the ruling on the general demurrer to the original petition unexcepted to was the law of the case and was a “solemn adjudication” that the petition, even as amended, was good as against a general demurrer. This contention is without merit under the facts of this case. The original petition showed that the sale made by the defendant on behalf of the plaintiff involved “machines” but the amendment described such machines as “slot machines” and, therefore, the amendment materially changed the petition and the former ruling became extinct…