Toulouse v. Burkett

Citations

• 2 Idaho 288
• 13 P. 172
• 1887 Ida. LEXIS 9

Syllabus

<p>Pleading — Pkactice—Objection cannot be Raised in Supreme Court for First Time. — If an action is tried iipon the theory that the answer denies the allegations of the complaint, the objection that certain allegations in the complaint are admitted through defective denials cannot be raised for the first time in the appellate court.</p> <p>Error not Shown — Presumption in Favor of Trial Court. — If the record on appeal does not affirmatively show error in the court below, the judgment will be affirmed, as every intendment is in favor of the regularity of the trial court.</p> <p>(Syllabus by the court.)</p>