Kimble v. Jolly

FANSLER, J. The appellee brought this action against the appellant by a complaint in one paragraph. A demurrer to the complaint was overruled. The next entry in the record recites that the cause was submitted to the court for trial, and ""the court finds for the plaintiff on his complaint and the amendments thereof and thereto . . . ."" There was a finding and judgment for the plaintiff. The record contains a bill of exceptions, designed, we are advised, to present a reserved question of law under § 2-3114, Burns' 1933, § 469, Baldwin's 1934. The bill of exceptions is short, and contains merely a certificate of the Judge that the demurrer to the complaint was overruled and an exception taken. But this appears otherwise by the record, and the only error assigned by the appellant is the overruling of the demurrer. The praecipe calls for ""the complaint and demurrer thereto and the order book entries with reference to the same, the judgment therein rendered and to include the original bill of exceptions in said transcript."" The transcript does not show an order book entry of the filing of an amended complaint or an amendment to the complaint, but the finding and judgment signed by the trial Judge show a finding on the complaint ""and the amendments thereof and thereto.""