49 Iowa 336 | Iowa | 1878
It bas been beld, time and time again, if an answer is filed, sueb as that in tbe present case, after a demurrer to tbe petition bas been overruled, that tbe demurrer is deemed waived.
Tbe assignment of error, it seems to us, only challenges tbe ruling of tbe Circuit Court on tbe demurrer. Concede, however, if tbe facts stated in tbe petition do not entitle tbe plaintiff to any relief whatever, that a judgment should not be rendered against it. We are unable to right the wrong, if one bas been done, in tbe present case, because no motion in arrest of judgment was made in tbe court below. Code, § 2650.
Aefibmed.