CARLISLE, J.
1. While it is true that where, in ruling upon demurrers, the trial court allows time for the filing of an amendment, the court must enter a judgment on the sufficiency of the pleadings after the expiration of the time allowed for amendment which latter judgment is final and supersedes the earlier judgment on the demurrers, and such earlier judgment shall not be subject to exception or review; and, while it is true that where the sole assignment of error...
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