If no such objection be taken, either by demurrer or answer, the defendant shall 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... The Pacific Reporter - Page 51910Full view - About this book
| Idaho (Ter.) - Law - 1881 - 588 pages
...sufficient to constitute a cause of action. SEC. 235. When any of the matters enumerated in Section 232 do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 237. The answer of the defendant shall contain: 2. A statement of any new matter constituting... | |
| New York (State) - 1881 - 1532 pages
...enumerated in section four hundred and eighty-eight of ibis act as grounds of demurrer, do not appear on the face of the complaint, the objection may be taken by answer. Id.,JH7. Barclays. Quick-silver Hln. Co.,s Urn. 25; Fulton Jus. Co. r. Baldwin. 37 ft. Y. IKS ; Dlllavu... | |
| North Carolina, Walter Clark - Civil procedure - 1884 - 550 pages
...complaint. CCP, K. »S. When any of the matters enumerated as grounds of demurrer do not appear on the face of the complaint, the objection may be taken by answer. If no demurrer, objection must be by answ er. — If the ground of objection to the complaint does... | |
| Nevada - Law - 1885 - 1332 pages
...judgment by default may be entered upon failure to answer, as in other cases. objections. 3O66. SEC. 44. EC. 96. The special administrator shall also renaccount. £er an account on oa.t}\ of his proceedings, Waiver of. 3O67. SEC. 45. If no such objection is taken, either by demurrer or answer, the defendant... | |
| Law reports, digests, etc - 1918 - 1142 pages
...enactment of Burns' Ann. St 1914. § 348. providing that where certain enumerated matters do not appear on the face of the complaint the objection may be taken by answer and if no such objection is taken defendant shall be deemed to have waived it, an assignment of error... | |
| Robert Stewart Morrison - Mining law - 1887 - 780 pages
...plaintiff or defendant, and that plaintiff has not the legal capacity to sue. When any of these defects do not appear upon the face of the complaint, the objection may be taken by answer; but if not taken by either demurrer or answer, the defendant shall be deemed to have waived the same.... | |
| Law reports, digests, etc - 1915 - 1322 pages
...grounds for demurrer, that the plaintiff has not legal capacity to sue, and that, when such matter does not appear upon the face of the complaint, the objection may be made by answer. Kirby's Digest, |§ 60936096. The last section just cited provides that: "If no such... | |
| Civil procedure - 1887 - 814 pages
...enumerated in section four hundred and eighty-eight of this act as grounds of demurrer, do not appear on the face of the complaint, the objection may be taken by answer. jurisdiction of the court, or the objection that the complaint does not state facts sufficient to constitute... | |
| John Chipman Gray - Personal property - 1888 - 936 pages
...face of the complaint, the non-joinder must be taken advantage of b}- demurrer. CCP § 95. If it does not appear upon the face of the complaint, the objection may be taken by answer. CCP § 98. "If no such objection be taken, either by demurrer or answer, the defendant shall be deemed... | |
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