Board of Commissioners v. Bilsland

In this case, there was a demurrer to the complaint overruled. Trial and judgment for the plaintiff, Bilsland.

*669There was no motion for a new trial, and upon that the first question is made. It is insisted that if such motion is not made, no question can be raised here. In the case of Kent v. Lawson, at this term (1), it was held otherwise as to rulings on the validity of the pleadings.

The causes of demurrer are, first, as to the parties; and, second, as to the sufficiency of the complaint.

The complaint is upon an account stated between the parties, and is founded' on a record of the board upon…