Sterrett v. Hurlburt

First addressing ourselves to a consideration of the complaint herein, we note that the sufficiency of that pleading is attacked in this court for the first time. However, under our system of judicial procedure, a defendant, by failing to raise this question either by demurrer or answer, waives neither his objection to the jurisdiction of the court nor that the complaint fails to state a cause of suit. See Or. L., § 72, and the local citations in notes fol lowing. But, when a complaint reaches this court without having been demurred to or moved against in any way, every reasonable inference…