Burnside v. Wayman

The court overruled a demurrer to the plaintiff’s petition, and gave the defendant time to answer, but no answer was filed, and in default thereof judgment was rendered. Afterward defendant filed a motion in arrest of judgment, on account of the insufficiency of the petition, which motion was overruled and the defendant appealed, and the action "of the court in overruling the motion in arrest is the only question before this court.

*357The petition contained four counts. The first count sought equitable relief, and prayed for a remedy on account of a defect in a deed of trust. It seems when the…