 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1908 - 974 pages
...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...that the petition does not state facts sufficient to constitute a cause of action." In Marriott v. Clise, 12 Colo. 561, 21 Pac. 909, the supreme court... | |
 | Law reports, digests, etc - 1908 - 1172 pages
...upon the face of the complaint, the ohjection may be taken by answer. If no such objection Is taken, either by demurrer or answer, the defendant shall...only the objection to the jurisdiction of the court over the subject-matter of the action, and the objection that the complaint does not state facts sufficient... | |
 | Ohio. Circuit Court - Law reports, digests, etc - 1908 - 678 pages
...petition do not appear on its face, 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 objections that the court has no jurisdiction of the 1907.] Wood County. subject of the action, and... | |
 | North Carolina - Law - 1908 - 1482 pages
...good causes of action: Kno-wles v. BR, 102-59. 478. Objection waived. 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... | |
 | Kansas - Law - 1909 - 758 pages
...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...that the petition does not state facts sufficient to constitute a cause of action. SEC. 96. The defendant may demur to one or more of the several causes... | |
 | Nebraska - Law - 1909 - 1386 pages
...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...that the petition does not state facts sufficient to constitute a cause of action. History — Laws 1866, RS, p. 409, Tit. VII, ch. 3. sec. 96. 1. Defect... | |
 | 1911 - 1036 pages
...not appear on the complaint the objection may be taken by answer, and if no such objection is taken either by demurrer or answer the defendant shall be...only the objection to the jurisdiction of the court, a demurrer only reaches to the particular pleading demurred to, and the court cannot examine the pleadings... | |
 | Indiana - Law - 1911 - 872 pages
...taken' by answer. If no such objection is taken, either by demurrer or answer, the defendant shall bo deemed to have waived the same, except only the objection to the jurisdiction of the court over the subject of the action: Provided, however, That the objection that the action was brought in... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1911 - 768 pages
...objection may be taken by answer, and the following section (2654) provides that, if objection is not taken by demurrer or answer, the defendant shall be deemed to have waived the same. By the Court. — Order affirmed. HENDBICKSON, Respondent, vs. WISCONSIN CEHTEAL RAILWAY COMPANY, Appellant... | |
 | Law reports, digests, etc - 1912 - 1264 pages
...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...that the petition does not state facts sufficient to constitute a cause of action." [1, 2] It thus appears that, where the defect complained of Is apparent... | |
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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... 
