¶1The only assignment of error in this case is upon the action of the lower court in sustaining the appellees’ demurrer to the appellants’ complaint. The record discloses that after the ruling upon demurrer to the complaint the appellants filed an amended complaint upon which further steps were taken. That the filing of an amended pleading takes out of the record the original pleading and waives any error in the ruling upon such original pleading is well settled. Kennedy v. Anderson, 98 Ind. 151; Conley v. Dibber, 91 Ind. 413 ; State, ex rel., v. Hay, 88 Ind. 274; Berghoff v. McDonald, 87 Ind. 549; Eshelman v. Snyder, 82 Ind. 498 ; Miles v. Buchanan, 36 Ind. 490 ; Johnson v. Conklin, 119 Ind. 109 ; Earp v. Commissioners, etc., 36 Ind. 470 ; Aiken v. *329Bruen, 21 Ind. 137; Patrick v. Jones, 21 Ind. 249; Elliott App. Proced., sections 595, 683. The record presenting no available error, the judgment of the circuit court is affirmed;
142 Ind. 328
Gowen v. Gilson
Decided October 18, 1895
Indiana Supreme Court · decided 1895-10-18
<p>Pleading. — Filing Amended Pleading. — Waiver.—The filing of an amended pleading waives any error in sustaining a demurrer to the original pleading.</p>
Relies on Berghoff v. McDonald · Miles v. Buchanan · Aiken v. Bruen
Good law ✅— No negative treatment on recordhow we know
Decided 1895-10-18
How this case has been cited
Cited by 7 later decisions — most recently November 1925
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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