Berrien County Bank v. Brown

A ruling upon the sufficiency of a defendant’s answer is not such a final adjudication as is reviewable by writ of error; for the reason that the court must, after its ruling upon a demurrer addressed to the answer, and independently of the answer, proceed to a final judgment of some kind upon the petition. For this reason the ruling upon a demurrer to the answer does not come within the exception stated in section 6138 of the Civil Code, which allows a cause to he brought up on a bill of exceptions when the decision complained of would have been a final disposition of the cause if judgment…