11 Iowa 197 | Iowa | 1860
Defendant’s demurrer to the original'petition was sustained, and plaintiff obtained leave to, and did amend. To this amended petition the defendant again demurred, which was likewise sustained. And thereupon, according to the record, “defendant by his counsel asked leave to file his answer, and leave is granted, and defendant filed his answer; whereupon the cause is submitted to the court upon the pleadings, and all things being fully beard and considered, it is considered that plaintiff have nothing by her suit, and that the defendant recover his costs,” &e. Plaintiff appeals and assigns for error, the ruling of the court sustaining the last demurrer.
We are of the opinion that the case is in such a condition that the question made by the demurrer cannot be determined by us. The answer and subsequent hearing upon the pleadings, rendered the ruling upon the demurrer in this court, practically unimportant. It is true that the answer is
Judgment affirmed.
. Baldwin. J., havingbcenof counsel, took no part in the determination of this cause.