168 Ind. 553 | Ind. | 1907
The relatrix brought this action against appellee Noah A. Lung and his sureties upon a guardian’s bond. Appellees demurred severally to the amended complaint on the ground that the facts stated therein were not sufficient to constitute a cause of action. The demurrer of each of the appellees was sustained, to which the relatrix excepted, and, failing to plead further, the court rendered judgment against her for costs.
A term-time appeal was taken and perfected, and the assignment of errors is “that the Dekalb Circuit Court erred in sustaining the demurrer to the appellant’s amended complaint.”
Appellees have filed a motion to dismiss the appeal for the reason that the record does not show the rendition of a final judgment. This motion challenges our jurisdiction
It is provided by §670 Burns 1901, §658 R. S. 1881, that upon appeals the court shall disregard “any defect in form, variance, or imperfections contained in the record, pleadings, process, entries, returns, or other proceedings therein, which by law might be amended by the court below, but such defects shall be deemed to be amended in the Supreme Court.”
The courts of Texas, Missouri and Illinois have declared a contrary doctrine, but upon principle and authority we believe the better rule to be in accord with our holding, and especially so in view of the liberal rules of practice which the statute quoted seeks to establish. The motion to dismiss the appeal is overruled.
The judgment is affirmed.