Webb v. Smith

Plaintiff in error, who was defendant below, demurred to the complaint on the ground of a defect of parties; his demurrer was overruled, and thereupon he filed his answer and went to trial on the merits. By so doing he waived his exception to the ruling upon his demurrer, and cannot now be heard to question the correctness thereof.

The action was brought against Webb as receiver for the Good Enough Mining and Milling Company. The court allowed the plaintiff below to testify that, previous to the receiver’s appointment, he presented a bill for the amount of his claim to the secretary and…