Sholes v. Citizens State Bank

The bank brought this action against Sholes for the possession of live stock and had verdict and judgment. Sholes brings error.

The stock was claimed by virtue of a chattel mortgage. The defendant moved to make the complaint more definite and certain; the motion was denied, which is assigned as error, but defendant answered which waived the motion. That the objection by demurrer for indefiniteness is waived by answering over is provided by Code 1921, sec. 61, and we have many times so held. There can be no substantial reason why the motion for the same cause should not be waived in like manner.