 | California - Civil procedure - 1858 - 320 pages
...Whitney v. Stark, ib., Oct. T. ; Lewis v. Graham, 4 Abbott, 106 ; Leavitt v. Fisher, 4 Duer, 2. 45. If no such objection be taken, either by demurrer...only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.... | |
 | Kansas - Session laws - 1859 - 726 pages
...ninety-six do not appear upon the face of the petition, the objection may be taken by answer ; and, if no objection be taken, either by demurrer or answer,...defendant shall be deemed to have waived the same, except only the objection to the jurisdiction of the court, and that the petition does not state facts... | |
 | California - Civil procedure - 1860 - 388 pages
...514 ; Leavitt v. Fisher, 4 Duer, 2 ; Lewis v. Graham, 4 Abbott, 106. •Statutes of 1855, 196. 45. If no such objection be taken, either by demurrer...only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 616 pages
...upon the face of the complaint, the objection maybe taken by answer; and section 148 provides thai if no such objection be taken, either by demurrer or answer, the Sweet agt. Tattle. defendant shall be deemed to have waived the same. No one can fail to perceive the... | |
 | North Dakota - Session laws - 1862 - 640 pages
...e'gnty-four, do not appear upon the face of the petition, the objection may be taken by answer; and if no objection be taken either by demurrer or answer, the...defendant shall be deemed to have waived the same, except only the objection to the jurisdiction of the court, and that the petition does not state facts... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1862 - 714 pages
...it should be under sub. 2 of sec. 144 of the code; but sec. 148 says, if the objection is not taken by demurrer, (or answer,) the defendant shall be deemed to have waived the same, except only the objection to the jurisdiction of the court, (under sub. 1 of § 144,) and the objection... | |
 | Henry Whittaker - Civil procedure - 1863 - 1154 pages
...applicable. § 171. Omis-non to Demur. Tlie effect of such omission is defined by section 148, providing that '•If no such objection be taken, either by demurrer...only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action."... | |
 | California - Bankruptcy - 1863 - 756 pages
...answer. SY Code, § 147. § 45. Objections, when deemed waived. If no such objection be taken, cither by demurrer or answer. the defendant shall be deemed...only the objection to the jurisdiction of the Court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.... | |
 | New York (State) - Law - 1863 - 1026 pages
...445; 2 Ab., 152. objection, S 14S. If no such objection be taken, either by demurrer or e^waiYed?" answer, the defendant shall < be deemed to have waived...only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.... | |
 | Idaho - Law - 1864 - 734 pages
...forty, do not appear upon the face of the complaint, the objection may be talcen by answer. SEC. 45. If no such objection be taken, either by demurrer...only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.... | |
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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 waived... 
