Supreme Court of Minnesota April 24, 1908, No. 15,713 (Flood v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.)

START, C. J.

The defendant Wood appealed from an order of the district court of the county of Ramsey, wherein it was ordered that this action was at issue upon the complaint and answer of the defendant Wood, and not upon his alleged demurrer, and that such demurrer be stricken from the files of the court. The order appealed from is.in effect one striking out the defendant’s alleged demurrer.