Mosher v. Bruhn

Citations

• 15 Wash. 332
• 46 P. 397
• 1896 Wash. LEXIS 191

Syllabus

<p>SUFFICIENCY OF COMPLAINT — WAIVER OF OBJECTIONS — INTERPLEADER.</p> <p>Where the objection that the complaint does not state a cause of action has been raised in the lower court by demurrer, and the demurrer has been subsequently waived, the defendant cannot raise the objection of. insufficiency of the complaint on appeal, as Code Proc., § 193, permitting the defendant to raise the objection at any stage of the proceedings that the complaint does not state a cause of action has no application to cases where the point has been once raised in the lower court by demurrer and then abandoned.</p> <p>When a complaint is attacked after judgment for want of facts to state a cause of action, it must be most liberally construed and the judgment sustained, if by any reasonable intendment it can be.</p> <p>A complaint in an action of interpleader is sufficient, especially when first objected to after judgment, when it alleges that plaintiff was indebted to a certain firm, that it had been garnished by two creditors of said firm, one of whom had obtained a judgment against plaintiff, but that the other garnishing claimant is assailing such judgment as void, that plaintiff is willing to pay the money due the principal debtor to the party entitled thereto and offers to pay said money into court to be applied as the court shall determine.</p>