Dotson v. Dotson

The first assignment of error discussed by-counsel is that ‘ ‘ the amended complaint does not state facts sufficient to constitute a cause of action. ”

When the sufficiency of a complaint is called in question for the first time in this court the defect in the complaint will 'be deemed to be cured by the verdict, unless it wholly omits the averment of some material facts essential to the cause of action attempted to be stated. In such case, if the omitted fact is such as can be inferred by reasonable intendment from the other facts alleged, and the other facts expressly stated in connection…