| New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...thereof must be given to the defendant. § 126. When any of the matters enumerated in section 122, do not appear upon the face of the complaint, the objection may be taken by answer. § 127. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed... | |
| New York (State). - Civil procedure - 1850 - 920 pages
...givento the defendant. Amended Code, % 146. § 643. When any of the matters enumerated in section 640 do not appear upon the face of the complaint, the objection may be taken by answer. Amended Code, § 147. § 644. If no such objection be taken, either by demurrer or answer, the defendant... | |
| Law - 1850 - 556 pages
...thereof must be given to the defendant. Sect. 147. [126.] When any of the matters enumerated in sect. 144 do not appear upon the face of the complaint, the objection may be taken by answer. Sect. 148. [127.] If no such objection be taken, either by demurrer or answer, the defendant shall... | |
| New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...[126.] Objection not appearing on complaint. — When any of the matters enumerated in section 144 do not appear upon the face of the complaint, the objection may be taken by answer. 15>5 ment for the plaintiff, and denied leave to amend as the answer was merely dilatory. Burrow«... | |
| Law - 1851 - 520 pages
...notice thereof must be given to the defendant. " S. 147. When any of the matters enumerated in s. 144 do not appear upon the face of the complaint, the objection may be taken by answer. " S. 148. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed... | |
| Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...person of the defendant. And by section 147 it is provided that when such matter does not appear on the face of the complaint, the objection may be taken by answer. The Code also declares that all civil actions shall be commenced by the service of a summons (§ 127).... | |
| Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...six specified causes; and by § 147 it is provided that when any of the matter* enumerated as causes of demurrer do not appear upon the face of the complaint, the objection may be taken by answer. The matters which may thus be objected by answer are either by accident or design, arranged in the... | |
| Henry Whittaker - Civil procedure - 1852 - 900 pages
...for the same cause, the remedy is by demurrer. When any of the matters, enumerated in section 141, do not appear upon the face of the complaint, the objection may be taken by answer." A motion having been made in that case, to set aside the proceedings in an action for partition commenced... | |
| California. Supreme Court - Law reports, digests, etc - 1853 - 708 pages
...that several causes of action have been improperly united ; or that the complaint does not state facts sufficient to constitute a cause of action ; (sec....may demur ; and the same rule must apply, if there be a mis-joinder, for we construe the word defect in the act, to mean a defect in the complaint by... | |
| California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...otherwise a new summons shall issue thereon. SEC. 44. When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have... | |
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