Clark v. Maxwell

Ross, C. J. —

The appellee brought this action in the DeKalb Circuit Court against the appellant to recover a balance due upon a contract and to foreclose a mechanic’s lien. The venue of the cause was changed to the Steuben Circuit Court, where a trial was had, resulting in a finding and judgment for appellee.

The sufficiency of the complaint, which is in three paragraphs, is challenged for the first time by an assign, ment in this court.

The rule by which the sufficiency of the facts alleged to constitute a cause of action is tested, when first challenged by assignment in this court is entirely…