Wilson v. Derrwaldt

The sole contention of appellant is that the court erred in dismissing the bill while a demurrer was pending. The difficulty with this contention is, that the demurrer was not pending.

Appellee, by moving for leave to withdraw his demurrer and file an answer, which leave ivas granted, waived his demurrer and submitted to answer. Thereafter, the demurrer was not pending. This being the sole contention argued by appellant’s counsel, all other objections may be deemed waived. Keyes v. Kimmel, 186 Ill. 109; Gordon v. Commissioners, etc., 169 Ib. 510; Interstate B’g, etc., Ass’n, v. Ayres, 71 Ill.…