Barnes v. Pitts Agricultural Works

Citations

• 6 Idaho 259
• 55 P. 237
• 1898 Ida. LEXIS 50

Syllabus

<p>Haemless Error. — A judgment will not be reversed for harmless error.</p> <p>Practice — Section 3364 op the Revised Statutes Construed.— Under the provisions of section 3364 of the Revised Statutes a cause of action does not accrue until the mortgage debt is paid in full and a discharge of the mortgage demanded.</p> <p>Pleading — Refusal to Establish Defense by Proof. — Where the demurrer to an answer is sustained and a new answer is filed setting up the same defense, to which no objection is made, and the party making such answer withdraws from the case and refuses to establish his defense by proof, the error committed in sustaining the demurrer not prejudicial.</p> <p>(Syllabus by the court.)</p>