Mountain Supply Ditch Co. v. Lindekugel

From a verdict and judgment in favor of the plaintiff in the sum of $1,225, the defendant appealed.

The first question presented by the assignments of errors is that the complaint does not state a cause of action. No separate demurrer was filed, but the sufficiency of the complaint was challenged by a clause incorporated in the answer, and the attention of the court was first called to it after the jury had-been empaneled and sworn to try the cause upon its merits. That practice has become customary in some sections of the state, but is not to be commended, either as to the manner of pleading…