Boggs v. Lumbar

BOGGS was defeated on trial by jury in an action by him against Nora E. Lumbar for commission for sale of real estate, and he has sued out a writ of error. The bill of exceptions was stricken out and so our considerations are confined to the record proper. The only errors assigned on that record as to pleadings are that the court erred, First, in overruling plaintiff’s motion to strike the second and further defense, and Second, in overruling his demurrer to that defense.

As to the first point. The error cannot be considered here because by pleading over the plaintiff waived it. Sweet v.…