O'Day v. Ambaum

Citations

• 47 Wash. 684
• 92 P. 421
• 1907 Wash. LEXIS 836

Syllabus

<p>■ Pleading—Complaint—Demurrer—Waiver. An order overruling a demurrer to a complaint for want of sufficient facts, followed by an answer, does not preclude tbe court from sustaining defendant’s objection to any evidence at tbe trial on tbe ground that tbe complaint does not state sufficient facts, and that tbe evidence offered was insufficient to warrant a decree, where, under tbe most liberal rules of construction, tbe defect in tbe complaint and cause of action was one of substance wbicb could not be cured by amendment.</p> <p>Fraudulent Conveyances — Rights of Creditors — Prior' Judgment or Lien—Principal and 'Surety. An action to attack or sustain a fraudulent transfer of a debtor’s property cannot be maintained by a simple contract creditor prior to obtaining judgment or a specific lien upon tbe property; and a surety upon a contractor’s bond is sucb a simple contract creditor.</p>