Mesmer

(after stating the facts as above). Upon a stipulation which waived a jury, but which was not in writing, the, ease was tried to the court. There was neither a request for special findings before the close of the trial, nor a motion for judgment upon the ground that there was no substantial evidence to sustain a judgment in favor of plaintiff. Therefore, as the court had jurisdiction of the subject-matter and of the parties, there is no question open -to review, other than the sufficiency of the pleadings to sustain the judgment. Law v. United States, 45 S. Ct. 175 , 69 L. Ed.-(Jan. 5, 1925.); Emerzian v. Kornblum et al. (C. C. A.) 3 F.(2d) 995 (Feb. 16, 1925).

Counsel representing the county argue that the complaint fails to state a cause of action, in that it does not appear that claims for extras were itemized and verified as required by paragraphs 2434 and 2435, Statutes of Arizona (Civ. Code 1913), and that it appears that the action is barred by paragraph 2439 of the Statutes. By paragraph 2434 it is provided that every person having a claim against any county, except as referred to in the section, shall, within six months- after the last item of the account approved,…