The opinion of the court was delivered by
PARKER, J.:
This is an action to recover damages for malpractice. Upon the overruling of his demurrer to plaintiff's second amended petition defendant perfected an appeal from that ruling, including in his notice of appeal, as the statute permits (G.S. 1955 Supp., 60-3314a; Western Shale Products Co. v. City of Fort Scott,
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