 | Utah - Law - 1884 - 666 pages
...SEC. 296. If no objection be taken, either bv dedeemed waived, niurrer or answer, tlie defendant must be deemed to have waived the same, excepting 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.... | |
 | Law reports, digests, etc - 1884 - 934 pages
...it bij demurrer or in the answer, as the express provision of the statute is, that unless it is made by demurrer or answer "the defendant shall be deemed to have waived the same." Justice requires that that rule shall be applied in this case, as the case has been pending more than... | |
 | North Carolina, Walter Clark - Civil procedure - 1884 - 550 pages
...of the action. Burns v. Ashworth, 72 — 496. Sec. 242. Objection when deemed waived. CCP, f>. 99. If no such objection be taken either by demurrer or answer, the defendant shall he doeuied to have waived the same, excepting only the objection, to the jurisdiction of the court,... | |
 | Nevada - Law - 1885 - 1332 pages
...SEC. 45. If no such objection is taken, either by demurrer or answer, the defendant shall be doomed ay any claim against the deceased. powers cense, 2762. SEC. 95. When letters testamenta and the objection that the complaint does not state facts sufficient to constitute a cause of action.... | |
 | Law - 1916 - 1116 pages
...on the face of the complaint, the objection may be by answer, but, if no objection is taken cither by demurrer or answer, the defendant shall be deemed to have waived the same, except only the objection to the jurisdiction of the court, defendant's independent assignment of error... | |
 | Law reports, digests, etc - 1885 - 940 pages
...they appear on the face of the indictment, can only be taken advantage of by demurrer, except that the objection to the jurisdiction of the court over the subject-matter of the indictment, and the objection that the facts stated do not constitute a public offense, can be taken... | |
 | Law reports, digests, etc - 1886 - 868 pages
...it does not appear by the complaint, it may be taken by answer: Sec. 144, eubd. 4, and sec. 147; but if no such objection be taken either by demurrer or...defendant shall be deemed to have waived the same: Sec. 148. A dilatory defense, which a plea in abatement is considered to be, is not favored; but he... | |
 | Law reports, digests, etc - 1899 - 1140 pages
...by demurrer, under subdivision 4 of said section of the Code. Section 169 of the Code Is as follows: "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."... | |
 | Ohio, William Henry Whittaker - Civil procedure - 1887 - 688 pages
...5062 do not appear upon the face of the petition, the objection may be taken by answer (I); and if no objection be taken either by demurrer or answer, the...defendant shall be deemed to have waived the same (2), except only the objection to the jurisdiction of the court (3), and that the petition does not... | |
 | Law reports, digests, etc - 1915 - 1322 pages
...answer. Kirby's Digest, |§ 60936096. The last section just cited provides that: "If no such objection is taken, either by demurrer or answer, the defendant shall be deemed to have waived the same." It thus appears that the statute itself provides that the incapacity of the plaintiff to sue шоу... | |
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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... 
