 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...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 - 566 pages
...thereof must be given to the defendant. Sect. 147. [126.1 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 pages
...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... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 pages
...18. And see Thomas v. Allen, 2 Wend., 618. $ 147. [126.] Objection not appearing on complaint. — When any of the matters enumerated in section 144...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«... | |
 | New York (State) - 1851 - 1408 pages
...the court for judgment is necessary, eight days notice thereof must be given to the defendant. $147. When any of the matters enumerated in section 144 do not appear upon the face of the complaint, the ob1 ^ plaint may jection may be taken by answer. betaken by answer. &148. If no such objection be taken,... | |
 | 1851 - 520 pages
...days' 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... | |
 | California. Supreme Court - 1851 - 672 pages
...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... | |
 | Nathan Howard (Jr.) - 1851 - 530 pages
...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).... | |
 | Henry Whittaker - 1852 - 900 pages
...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... | |
 | Nathan Howard (Jr.) - 1852 - 546 pages
...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... | |
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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... 
