Fehrman v. City of Sioux City

The appellant has argued his case here on its alleged merits, whereas the appellees have avoided argument on such question of merit and have confined their argument to a single question of practice. They.contend that their motion to dismiss was the equivalent of a demurrer and that the plaintiff did not in the district court elect to stand upon his pleading nor suffer judgment to go against him; but appealed from the ruling without making any election. To this challenge the plaintiff responds with a citation of chapter 235, 44th Gen. Assem.

We have to say that the plaintiff quite misconceives…