Burke v. Associates Loan Co.

This is an appeal from an order sustaining appellee’s, Associate Loan Company’s, demurrer to appellant’s, James M. Burke’s, bill of complaint.

The single contention by the appellant in this case is that the demurrer should have been overruled because it lacked the supporting affidavit that it was not intended for delay, as required by General Equity Rule 18 of this Court.

Although this affidavit was lacking, this fact was not brought to the attention of the chancellor. This Court cannot decide any point or question which does not plainly appear by the record to have been tried and decided by…