Page:1862 Territory of Dakota Session Laws.pdf/81

64 party supposes himself entitled. If the recovery of money be demanded, the amount thereof shall be stated; and if interest thereon be claimed, the time from which interest is to be computed shall also be stated.

. 83. Where the petition contains more than one cause of action, each shall be separately stated and numbered.

. 84. The defendant may demur to the petition only when it appears on its face, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action. 2. That the plaintiff has not legal capacity to sue. 3. That there is another action pending between the same parties for the same cause. 4. That there is a defect of parties, plaintiff or defendant. 5. That several causes of action are improperly joined. 6. That the petition does not state facts sufficient to constitute a cause of action.

. 85. The demurrer shall specify distinctly the grounds of objection to the petition. Unless it do so, it shall be regarded as objecting only, that the petition does not state facts sufficient to constitute a cause of action.

. 86. When any of the defects enumerated in section eighty-four, do not appear upon the face of the petition, the objection may be taken by answer; and no objection be taken either by demurrer or answer, the defendant shall be deemed to have waived the same, except only the objection to the jurisdiction of the court, and that the petition does not state facts sufficient to constitute a cause of action.

. 87. When a demurrer is sustained on the ground of misjoinder of several causes of action, the court, on motion of the plaintiff, shall allow him, with or without costs, in its discretion, to file several petitions, each including such of said causes of action as might have been joined; and an action shall be docketed for each of said petitions, and the same shall be proceeded in without further service.

. 88. The defendant may demur to one or more of the several causes of action stated in the petition, and answer as to the residue.