 | Nevada. Supreme Court - Law reports, digests, etc - 1877 - 1090 pages
...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. The expression, "a defect of parties," refers to the absence of some person or persons who ought to... | |
 | Ohio - Session laws - 1878 - 1364 pages
...upon the face of the petition, the objection may be taken by answer ; and tf 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. [Civil Code, § 89, S. & C. 975.] SEC. 9. When a demurrer is sustained... | |
 | North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 484 pages
...Durham n. Bostwick, 72 — 358. . 09. — Objection when deemed 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... | |
 | Law - 1880 - 920 pages
...other ground, is not shown in the petition. But, says the statute: "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 over the subjectmatter of the action,... | |
 | Nebraska, Guy Ashton Brown - Law - 1881 - 838 pages
...the face of the petition, the objection may be taken by answer ; and if no objection be taken «ither by demurrer or answer, the defendant shall be deemed...that the petition does not state facts sufficient to constitute a cause of action. SEC. 97. [Misjoinder — Separation.]— When a demurrer is sustained... | |
 | Nebraska, Guy Ashton Brown - Law - 1881 - 842 pages
...the face of the petition, the objection may be taken by answer ; and if no objection be taken «ither by demurrer or answer, the defendant shall be deemed...objection to the jurisdiction of the court, and that the petiiion does not state facts sufficient to constitute a cause of action. SEC. 97. [Misjoiiider—... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1881 - 682 pages
...which provides that, "If no objection is taken, either by demurrer or answer, the defendand shall he deemed to have waived the same, except only the objection to the jurisdiction of the court over the subject of the action, and except the objection that the complaint does not state facts sufficient... | |
 | Law reports, digests, etc - 1914 - 1406 pages
...shall distinctly state the grounds of objection to the complaint. Id. § 69. If no objection be taken either by demurrer or answer, the defendant shall...objection to the jurisdiction of the court, and that the complaint does not state facts sufficient to constitute a cause of suit or action. Id. § 72. The objection... | |
 | Law reports, digests, etc - 1918 - 1214 pages
...those. Bank v. Maddbx, 4 Okl. 583, 46 Рас. 5fi3: Ryndack v. Sea well. 13 Okl. 737, 76 Рас. 170. The objection to the jurisdiction of the court, and that the petition does not state a cause of action, may be presented at any time, and therefore would not be waived by the filing of... | |
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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... 
