 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 páginas
...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 páginas
...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 páginas
...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... | |
 | 1851 - 520 páginas
...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... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 páginas
...[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«... | |
 | California. Supreme Court - 1851 - 672 páginas
...constitute a cause of action ; (sec. 40 ;) and when any of the matters, which are cause of demurrer, do not appear upon the face of the complaint, the objection may be taken by answer. (sec. 43.) According to these provisions, if it appear upon the face of the complaint that there is... | |
 | Henry Whittaker - 1852 - 900 páginas
...there is another action pending between the same parties for the same cause, the remedy is by demurrer. When any of the matters, enumerated in section 141,...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 páginas
...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... | |
 | 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 - 1855 - 648 páginas
...read — " SEC. 147. When any of the matters enumerated in section 144 [144 corresponds to our 50] do not appear upon the face of the complaint, the objection may be taken by answer. " SEC. 148. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed... | |
 | John Duer, New York (State). Superior Court (New York) - 1855 - 738 páginas
...thereof, that there is a defect of parties plaintiff or defendant ; that if such matter does not appear on the face of the complaint, the objection may be taken by answer (§ 147) ; and that, if such objection be taken neither by demurrer nor answer, the defendant shall... | |
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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... 
