A. C. Labrie, (Stone, Newman & Resser, of counsel,) for appellants. Herman Winterer, for respondents.
Per Curiam. This action was brought to foreclose a mortgage. Judgment in the court below was rendered in favor of the plaintiffs, decreeing the foreclosure of the mortgage, and the sale of only a portion of the mortgaged premises. On what theory the trial court discharged a portion of the mortgaged property from the lien of the mortgage, we fail to understand. The creditor has a right to resort to his entire security in a legal manner, and to deprive him of that right is judicial confiscation. The judgment of the district court is reversed, and that court is directed to enter judgment of foreclosure and sale, as prayed for in the complaint. All the judges concur.
Amelia J. Bowman as Administratrix, etc., Plaintiff and Respondent, v. M. Eppinger, Defendant and Appellant.
1. Demurrer Ore Tenus; Defective Complaint Cured by Evidenc Not Objected To.
A general objection to the introduction of any evidence under a complaint, on the ground that the facts therein stated do not constitute a cause of action, will not be considered, on appeal, when evidence was received, without specific objection, to prove the allegations wanting in the complaint.
2. Objection to Order of Proof Properly Overruled.
Objections to evidence that go simply to the order of proof, or sufficiency of proof, are properly overruled.
3. Motion for Verdict Denied; Error Waived by Introducing Testimony Unless Motion Renewed.
After plaintiff rested in chief, defendent moved the court to instruct the jury to return a verdict for the defendent, and the motion was overruled; and subsequently defendant put in his evidence. Held, that error cannot be assigned on the ruling on the motion for verdict, as the error, if any, was waived by defendant by subsequently introducing his testimony; and, held, further, that, if defendant, desired to preserve the point, he must renew his motion for verdict upon all the evidence in the case.
4. When Court Should Direct Verdict.
The existance of any legal evidence in the record,. upon which a verdict for the party holding the burden of proof can be based, is a ques-
