ALMAND, Justice.
Error is assigned on an order sustaining the separate general demurrers of the two defendants to a petition seeking legal and equitable relief.
1. The Motion to Dismiss. The defendant Harding has filed a motion to dismiss the writ of error on two grounds: (a) the bill of exceptions was not certified in the time provided by law and (b) his cross action seeking affirmative relief is pending in the trial court and hence there was no final judgment...
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