 | Austin Abbott - 1904 - 916 sider
...a good defense, under NY Code Civ. Proc. § 498, providing that where any of the statutory grounds of demurrer do not appear upon the face of the complaint, the objection may be tnken by answer. Sanchez <t H. Co. v. Hirsch, 27 Misc. 202, 57 NY Supp. 795; James v. Work, 70 Hun,... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1904 - 822 sider
...parties, objection may be taken by demurrer. Section 4909 provides that, where this fact does not ap|>ear upon the face of the complaint, the objection may be taken by answer. Section 4911 provides that, if no objection be taken either by demurrer or answer, the defendant shall... | |
 | New York (State) - 1904 - 1624 sider
...enumerated in section four hundred and eighty-eight of this act as grounds of demurrer, do not appear on the face of the complaint, the objection may be taken by answer. From Co. Proc. | 147. Am'd by ch. 416 of 1877. § 409. Objection; when deemed waived. If such an objection... | |
 | James Barr Ames - 1905 - 364 sider
...the remedy is by demurrer (Code, § 144, sub. 3). 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 (Code, § 147). This is applicable to a suit brought by a defendant for partition. It is a suit between... | |
 | Abraham Clark Freeman - 1905 - 1190 sider
...conceded on the argument By section 498 of the code, when any grounds of demurrer do not appear on the face of the complaint, the objection may be taken by answer. By section 499 an objection taken neither by demurrer nor answer is deemed to have been waived, except... | |
 | 1905 - 460 sider
...conceded on the argument. By section 498 of the Code, when any grounds of demurrer do not appear on the face of the complaint, the objection may be taken by answer. By section 499 an objection taken neither by demurrer nor answer is deemed to have been waived, except... | |
 | 1906 - 1236 sider
...come within section -498: "When any of the matters enumerated in section 488 of this act as grounds of demurrer do not appear upon the face of the complaint, the objection may be taken by answer." For this allegation is upon the face of the complaint and asserts in effect that, admitting the allegations... | |
 | 1906 - 786 sider
...complaint. Section 61 of the Code further provides, when any of the matters enumerated in section 58 do not appear upon the face of the complaint, the objection may be taken by answer. Section 62 further provides that, if no objection be taken either by demurrer or answer, the defendant... | |
 | Edward Wilcox Hinton - 1906 - 878 sider
...inquiry is answered by section 147. That provides that 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. This clearly implies that when the defect appears upon the face of the complaint, it is available only... | |
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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... 
