Dorr v. McDonald

In an action for unlawful detainer, plaintiff’s counsel drew a very poor complaint. But the defendant, without objection to it, joined issue and went to trial on the merits, and, being defeated, on appeal from the judgment, now, for the first time, raises an objection to the sufficiency of the complaint. In the absence of a case or bill of exceptions, we will presume that defendant voluntarily consented to the trial of all the issues involved in the verdict that plaintiff was entitled to the possession of the premises. As against an objection interposed at this stage of the proceedings, the *459co…