Adams v. Craycroft

Opinion by

Judge Cofer :

Upon a re-examination of the record in this case we are satisfied that the assignee of Craycroft, having been made a party plaintiff and both having replied to the cross-action and denied that either had wrongful possession of the mules, and also denied appellant’s title, the objection to the original answer arising on the record as it stood when that pleading was filed has been obviated. Having answered the cross-action on the merits and gone to trial without objecting that it could not be set up in this case, it was too late to make that objection, if indeed it could…