Mioch

The plaintiff, a fraternal benevolent society, brought suit against the defendant, its former secretary, to recover the sum of $2,151.30, alleged to have been fraudulently misappropriated and by him converted to his own use. The defendant interposed a demurrer attacking the complaint on nearly a score of grounds. The demurrer was overruled, and the defendant was given ten days within which to answer. On his failure to answer, his default ivas duly entered, and, upon the taking of testimony, judgment was entered for plaintiff as prayed for.

The transcript shows that at the time he filed the demurrer to the complaint the defendant also filed a motion to strike from the complaint certain allegations particularly set out and described. No ruling was made by the trial court on the motion to strike at the time the demurrer was overruled, although both matters were argued ánd presented together, and both matters were called to the court’s attention. Some time after judgment for plaintiff was entered, the court made an order, “nunc pro tunc” as of the date of the ruling on the demurrer “correcting Minutes to show ‘The motion to strike is denied’.” Defendant appeals from the judgment and…