 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 страници
...thereof must be given to the defendant. § 126. When any of the matters enumerated in section 122, do not appear upon the face of the complaint, the objection may be taken by answer. § 127. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed... | |
 | 1850 - 556 страници
...thereof must be given to the defendant. Sect. 147. [126.] When any of the matters enumerated in sect. 144 do 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... | |
 | New York (State). - 1850 - 920 страници
...givento the defendant. Amended Code, % 146. § 643. When any of the matters enumerated in section 640 do not appear 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... | |
 | California. Supreme Court - 1851 - 672 страници
...that several causes of action have been improperly united ; or that the complaint does not state facts sufficient to constitute a cause of action ; (sec....may demur ; and the same rule must apply, if there bo a mis-joinder, for we construe the word defect in the act, to mean a defect in the complaint by... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 страници
...[126.] 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. 15>5 ment for the plaintiff, and denied leave to amend as the answer was merely dilatory. Burrow«... | |
 | 1851 - 520 страници
...notice thereof must be given to the defendant. " S. 147. When any of the matters enumerated in s. 144 do not appear upon the face of the complaint, the objection may be taken by answer. " S. 148. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed... | |
 | Nathan Howard (Jr.) - 1851 - 530 страници
...person of the defendant. And by section 147 it is provided that when such matter does not appear on the face of the complaint, the objection may be taken by answer. The Code also declares that all civil actions shall be commenced by the service of a summons (§ 127).... | |
 | Nathan Howard (Jr.) - 1852 - 546 страници
...six specified causes; and by § 147 it is provided that when any of the matter* enumerated as causes of demurrer do not appear upon the face of the complaint, the objection may be taken by answer. The matters which may thus be objected by answer are either by accident or design, arranged in the... | |
 | Henry Whittaker - 1852 - 900 страници
...for the same cause, the remedy is by demurrer. 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." A motion having been made in that case, to set aside the proceedings in an action for partition commenced... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 страници
...otherwise a new summons shall issue thereon. SEC. 44. 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... | |
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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... 
