GARDNER, P.J.
1. On October 3, 1951, the court sustained the general demurrer of the defendant to the original petition and to the same as amended by the first amendment. The plaintiff did not except to this ruling, which was final; but on October 5, 1951, without moving to vacate or set aside the said judgment of October 3, 1951, sought to further amend his petition, which the court allowed subject to demurrer and objection. Said order
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