Board of Commissioners v. Tate

It is not deemed necessary to .notice either of the questions of pleading and practice presented in this case further than to say that by answering, the plaintiff in error waived any error which might have intervened in overruling the demurrer and' motion to strike out a part of the petition; that if there is a cause of action expressed in the petition it is admitted in the answer, and in that case there would be no error on the part of the court in rendering judgment on the pleadings; and that the amendment allowed is clearly within the statute. We are therefore left to the main question: Is…