Beideck v. Acme Amusement Co.

Under Code procedure, the pleadings must be in writing. Parties going to trial may assume that only the issues made by the pleadings will be tried and that the judgment entered will be in accordance therewith. “If a petition fails to. state a cause of action it will not support a judgment.” Burlington & M. R. R. Co. v. Kearney County, 17 Neb. 511. The Code (Rev. St. 1913, sec, 7668) provides that the objection that the court has not jurisdiction over the subject-matter, or “that the petition does not state facts sufficient to constitute a cause of action,” is newer waived. Liberal provision…