SUTTON, C. J.
1. A timely writ of error lies to a judgment overruling a general demurrer to the plaintiff's petition, although the case has proceeded to trial and the final judgment rendered therein has not been excepted to. Where the plaintiff proceeds to trial under such circumstances, he does so at his peril; that is, he takes the risk of having the judgment overruling the demurrer reversed, in which event the trial of the case would be a nullity. Code, §...
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