Thompson v. Nichols

Hawkins, Justice.

1. Where, as in this case, the record fails to disclose any objection by the plaintiff in the trial court to the answer of the defendant upon the ground that the answer was not properly verified, but it affirmatively appears that the plaintiff demurred generally to the answer, the lack of proper verification will not be considered by the appellate court as a reason for an affirmance of the judgment sustaining the general demurrer. In such a case it will be held that the plaintiff, by demurring generally to the defendant’s answer, waived his right of objection upon that…