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
| Austin Abbott - Briefs - 1904 - 916 pages
...defense, under NY Code Civ. Proc. § 498, providing that where any of the statutory grounds of demurrer do not appear upon the face of the complaint, the objection may be tnken by answer. Sanchez <t H. Co. v. Hirsch, 27 Misc. 202, 57 NY Supp. 795; James v. Work, 70 Hun,... | |
| New York (State) - Civil procedure - 1904 - 1634 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. From Co. Proc. | 147. Am'd by ch. 416 of 1877. § 409. Objection; when deemed waived. If such an objection... | |
| James Barr Ames - Pleading - 1905 - 364 pages
...the remedy is by demurrer (Code, § 144, sub. 3). 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 (Code, § 147). This is applicable to a suit brought by a defendant for partition. It is a suit between... | |
| Civil procedure - 1905 - 460 pages
...conceded on the argument. By section 498 of the Code, when any grounds of demurrer do not appear on the face of the complaint, the objection may be taken by answer. By section 499 an objection taken neither by demurrer nor answer is deemed to have been waived, except... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1905 - 1190 pages
...conceded on the argument By section 498 of the code, when any grounds of demurrer do not appear on the face of the complaint, the objection may be taken by answer. By section 499 an objection taken neither by demurrer nor answer is deemed to have been waived, except... | |
| Law reports, digests, etc - 1906 - 1236 pages
...section -498: "When any of the matters enumerated in section 488 of this act as grounds of demurrer do not appear upon the face of the complaint, the objection may be taken by answer." For this allegation is upon the face of the complaint and asserts in effect that, admitting the allegations... | |
| Edward Wilcox Hinton - Pleading - 1906 - 878 pages
...inquiry is answered by section 147. That provides that 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. This clearly implies that when the defect appears upon the face of the complaint, it is available only... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1906 - 1108 pages
...entitled to sue as such. Section 147 provides that 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. This would eeem to indicate the proper practice with sufficient clearness. If it appears upon the face... | |
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