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159 Ind. 329

Noonan v. Bell

Indiana Supreme Court

Decided October 15, 1902

Indiana Supreme Court · decided 1902-10-15

<p>Appeal and Error. — Assignment of Error. — Exception.—The action of the court in sustaining the separate demurrers of two defendants to plaintiff’s complaint involved two rulings, and in order to question such rulings on appeal an exception must be taken tc each.</p>

Cited by 10 later decisions — most recently December 1909

10 state decisions

Relies on City of South Bend v. Turner · Walter v. Walter · Johnson v. McCulloch

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1902-10-15

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Gillett, J.

¶1— This action was instituted by appellant to recover damages from appellees. The latter, by their respective counsel, severally demurred to the amended complaint for want of facts. After setting out the several demurrers mentioned, the record contains the following entry: “And the court, after being fully advised in the premises, sustains the separate demurrer of each defendant, to which ruling of the court the plaintiff at the time excepts.”

¶2Each demurrer presented the question as to the sufficiency of the amended complaint as against the demurring defendant. The entry therefore involves two rulings. An exception must be directed against a designated ruling. It is not competent to reserve exceptions in gross. City of South Bend v. Turner, 156 Ind. 418, 54 L. R. A. 396, 83 Am. St. 200; Walter v. Walter, 117 Ind. 247; Johnson v. McCulloch, 89 Ind. 270; Leyner v. State, 8 Ind. 490; Wilson v. Wolfer, 8 Ind. 398; Elliott, App. Proc., §§787, 789. The assignments of error are all predicated on said rulings on demurrer,' and it therefore follows that there is no basis for an inquiry into the correctness of the judgment below.

¶3Judgment affirmed.

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