175 Ind. 705 | Ind. | 1911
Appellant brought this action against appellee to recover damages for personal injuries alleged to have been caused by the negligence of appellee. A demurrer to the amended complaint for want of facts was sustained by the court.
The only error assigned in this court calls in question the action of the court in sustaining said demurrer.
Appellee has filed a motion to dismiss this appeal, for the reason that it does not appear from the record that final j udgment has been rendered.
There is nothing in the entry to show that appellant “failed and refused to plead further,” or that she otherwise elected to stand upon the sufficiency of her complaint, and that appellee recovered all the costs made in the action, as in the case of State, ex rel., v. Lung (1907), 168 Ind. 553, or Kelley v. Augsperger (1908), 171 Ind. 155,