Johnson v. Johnson

OPINION

By the Court,

Ducker, J.:

This is an action in claim and delivery. It is before the court on the judgment roll alone. An appeal from the order refusing a new trial was dismissed. Johnson v. Johnson, 54 Nev. 433, 22 P. (2d) 128. Judgment was rendered for plaintiff in the court below.

1. The first question to be determined is whether the complaint states facts sufficient to constitute a cause of action. Every other objection raised by defendant’s demurrer was waived when he answered. Peri v. Jeffers, 53 Nev. 52, 292 P. 1, 293 P. 25, 298 P. 658, and cases cited therein.

2. The complaint…