Smith v. Smith

If the plaintiff’s amended petition were defective, in that it contained no offer to return, the defendant should have attacked it upon that ground. Instead of this he waived the right to be placed in statu quo, answered to the merits, and went to trial upon all the issues tendered. It still remained in the power of the court to require the plaintiff to do equity as a condition to granting her relief, but upon rendering judgment it saw fit to give the plaintiff all she had already obtained. This being true, no right of the defendant has been prejudicially affected, conceding this to be a case…