 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
 | Nevada. Supreme Court - Law reports, digests, etc - 1869 - 622 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.... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1875 - 720 pages
...cause, the objection could be made by demurrer only. When the demurrable matter does not appear npon the face of the complaint, the objection may be taken by answer, C. 0. P. sec. 98. But if it is taken neither by demurrer or answer, the defendants are deemed to have... | |
 | Utah (Ter.) - Law - 1870 - 162 pages
...the Court, and judgment by default may be entered upon failure to answer, as in other cases. SEC. 44. When any of the matters enumerated in Section Forty...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... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...652). § 1 47. 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. f. "Where a married woman sues alone for a cause of action, in which her husband should have joined... | |
 | Florida - Session laws - 1871 - 68 pages
...act is amended so as to read as follows: "When any of the matters enumerated in section ninety-Jive, do not appear upon the face of the complaint, the objection may be taken by answer." SEC. 9. Section 162 of said act is amended so as to read as follows : " The qualification of sureties... | |
 | California - Civil procedure - 1872 - 892 pages
...Canal Go. vs. Kidd, 2S Cal., p. 073. 433. (§44.) When any of the matters enumerated in Section 430 do not appear upon the face of the complaint, the objection may be taken by answer. NOTE. — If the defect docs not appear upon the face of tlip complaint the objection may be taken... | |
 | Montana (Ter.) - Law - 1872 - 802 pages
...failure to answer, as in other cases. Sec. 54. When any of the matters enumerated in section fifty do not appear upon the face of the complaint, the objection may be taken by answer. Sec. 55. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed... | |
 | Montana - Session laws - 1872 - 798 pages
...failure to answer, as in other cases. Sec. 54. When any of the matters enumerated in section fifty A C- do not appear upon the face of the complaint, the objection may be taken by answer. Sec. 55. If no such objection be taken, either by demurrer or answer, the defendant shalf be deemed... | |
 | William Wait - Civil procedure - 1872 - 950 pages
...Brown, 14 How. 282; Bank of Havana v. Wickliam, 16 id. 97; SC, 7 Abb. 134. But, where the defect does not appear upon the face of the complaint, the objection may be taken by answer. Bank of Havana v. Magee, 20 NY (6 Smith) 355. But where a plaintiff miscalls himself by a name which... | |
 | Abraham Lansing - Law reports, digests, etc - 1872 - 648 pages
...of the action. By section 147, when any of the matters enumerated in section 144 do not appear, on the face of the complaint, the objection may be taken by answer. To confer jurisdiction on the County Court the complaint must, upon its face, show that the defendant... | |
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