The defendant filed six pleas, to some of which the plaintiffs demurred and to others filed replications. The defendant filed a rejoinder to one of the replications, to which the plaintiffs demurred. The cause was heard upon the several demurrers, and the court rendered the following judgment:

'This cause came on to be heard upon the plaintiffs' demurrers to defendant's first, second, fifth, and sixth pleas, and to defendant's rejoinder to plaintiffs' replication to defendant's third plea, and the court having determined that the plaintiffs' declaration is insufficient in law, it is therefore considered by the court that plaintiffs take nothing by their said suit,' etc.

From this judgment this writ of error is prosecuted.

E. A. Perry, for plaintiffs in error.

C. W. Jones, R. L. Campbell, and Mike L. Woods, for defendants in error.

[Argument of Counsel from pages 373-375 intentionally omitted]

WOODS, J.