Sluss v. Shrewsbury

The points relied upon for the reversal of the judgment in this case are:

1. Error in the Court in overruling a demurrer to the complaint.

2. In rejecting a demurrer.

The suit is against an insolvent debtor’s assignee, and it is contended, that the complaint should aver a special demand, and that it does not.

Waiving now the question of fact whether the complaint does not substantially allege a demand, we think the objection, if it does not, can not now be raised. The defect is one that a verdict cures, where the objection on account of it was not saved below. Crake v. Crake, at this term. We…