City of Evansville v. Martin

appellant assigns for error that “ The court erred in not rendering judgment for the plaintiff, because the answers of the defendants are not sufficient to constitute a cause of defence to its complaint.”

There was no motion for judgment non obstante veredicto, nor was there any motion for a judgment on the pleadings in the' court below. Here/ for the first time, the answer is assailed. There was no attack upon it in the trial court in any form, nor was there any exception to any ruling of the court which involved the question of its sufficiency. Notwithstanding the fact that there was no…