 | Law - 1850 - 556 pages
...not appear upon the face of the complaint, the objection may be taken by answer. Sect. 148. [127.] 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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...upon the face of the complaint, the objection may be taken by answer. Amended Code, $ 147. § 644. If no such objection be taken, either by demurrer or answer, the defendant must be deemed to have waived the same, excepting only the objection to the jurisdiction of the court,... | |
 | Kentucky - Session laws - 1851 - 544 pages
...rm]rrerl*orbil Blithe petition, the objection may be taken by answer. If no aaari'a"ai™i. such objection is 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 over the subject of the action, and the... | |
 | Kentucky - Law - 1851 - 548 pages
...appear upon the face of the petition, the objection may be taken by answer. If no such objection is 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 over the subject of the action, and the... | |
 | Nathan Howard (Jr.) - Civil procedure - 1857 - 614 pages
...the face of the complaint, the objection may be taken by answer : and to § 148, which provides that if no such objection be taken, either by demurrer or answer, the defendant should be deemed to have waived the same. From the provisions contained in these sections, particularly... | |
 | 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... | |
 | 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... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...Payson, 1 Duer, 614. 218. Waiver by not answering. If no such objection (as those enumerated in S 144) be taken, either by demurrer or answer, the defendant shall be deemed to have waived the game, excepting only the objection to the jurisdiction of the court, and the objection that the complaint... | |
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That when any of the defects enumerated in section 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, the defendant shall be deemed to have waived... 
