Dessart v. Bonynge

Citations

• 10 Ariz. 37
• 85 P. 723
• 1906 Ariz. LEXIS 91

Syllabus

<p>1. Pleading — Demurrer—Waiver.—Where a demurrer is interposed to a complaint, and no ruling is had thereon, and the parties go to trial without calling the court’s attention thereto, the demurrer is waived.</p> <p>2. Same — Reformation of a Trust-Deed — Grounds — Interest — Necessity of Showing. — A complaint in an action to reform a . trust-deed, given to secure the payment of a note, so as to inelude other property, which fails to show that the debt secured has not been paid, is fatally defective.</p>