Gerspach v. Barhyte

.Gunter, J.

This case was tried to the court upon complaint, answers, replications and evidence, resulting in a judgment for appellee.

It is contended that the complaint failed to state a cause of action.

The sufficiency of the complaint herein can be determined only by a knowledge of the answers and replications. If defects exist in the complaint they may have been cured by the subsequent pleadings. We are not informed by the abstract as to the contents. of the answer or replication.

Under our practice if counsel desire to question the sufficiency of any pleading such pleading should be in the…