International Harvester Co. of America v. Cameron

The question essential for determination is as to whether or not the petition will sustain the judgment rendered by default. In the case of Leforce v. Haymes, ante, p. 190, 105 Pac. 644, this court said: I

“Where a declaration, petition, or complaint is so defective that a general demurrer thereto before or motion in arrest after judgment should be sustained, and judgment is rendered thereon by default, on review in an appellate court, the question of the insufficiency of such pleading to sustain the judgment may be raised.”

In that case numerous Kansas cases are cited to the effect that, where…