Potter v. Neal

Zerah S. Westbrook, County Judge.

— Defendant’s motion at the opening of the trial to dismiss the complaint, on the ground that it does not show that the court has jurisdiction, by alleging that the defendant is a resident of the county, was properly denied.

He answered .to the merits, noticed the cause for trial twice (and for the present term), and had it put over a former term for an absent witness. The objection therefore came too late.- It was not taken either by demurrer or answer. The defect, if any, was waived. There would be some force in the objection if the complaint showed that the…