Guthrie v. Fisher

Citations

• 2 Idaho 111
• 6 P. 111
• 1885 Ida. LEXIS 3

Syllabus

<p>Subeiies — Undertaking for Release of Attachment. — Sureties on an undertaking given for the release of attached property cannot go behind the judgment to set any matter of defense to their liability which might have been pleaded in the original action.</p> <p>Answer — Striking from - Files. — Where an answer is irrelevant it may, on motion, be ordered stricken from the files.</p> <p>Demurrer — Renewing on Appeal. — Where a general demurrer is interposed in the trial court questioning the sufficiency of the complaint and the demurrer is overruled, and the ruling is not saved by bill of exceptions, such question is deemed adjudicated and the same objection to the complaint cannot be renewed in the supreme court.</p> <p>(Syllabus by the court.)</p>