Butler v. Jenkins Oil Corporation , 68 S.W.2d 248 ( 1934 )

In my opinion appellant's first three assignments should be considered. The action of the court in sustaining the exceptions, if erroneous, presents a matter of fundamental error. I am of the further opinion the assignment from Jenkins back to Butler is plain and unambiguous and the exceptions in question were properly sustained. I, therefore, concur in the affirmance of the judgment.