Campbell V. Smith

The answer alleged the failure of the complaint to state a cause of action but a ruling of the trial court was not invoked on that motion or allegation. It is urged on appeal that the complaint fails to state facts upon which relief can be granted, in that facts are alleged showing appellee to have been an independent contractor; that he failed to allege a contractor's license as required by 67-16-14, N.M.S.A.1953 Comp., and that the court was therefore without jurisdiction. We are asked to determine that question raised for the first time on appeal.