Dale v. Lattimore

MORRIS, Judge.

Defendant first contends that the complaint fails to state a cause of action and moves this Court ore tenm that the cause be dismissed. It appears from the record that the complaint was filed 12 March 1969, and that a demurrer was filed 30 April 1969. Order was entered overruling the demurrer on 10 July 1969. The record does not reveal an objection and exception to the entry of that order, nor does the record reveal that a motion to dismiss under Rule 12(b) (6) (failure to state a claim upon which relief can be granted) was made by defendant at trial.

We have before us, then, the…