Page:United States Statutes at Large Volume 31.djvu/394

 342 FIFTY-SIXTH CONGRESS. Sess. I. ‘ Ch. 786. 1900. CHAPTER SEVEN. . ‘OF THE DEMURRER. Sec.  Sec: .58. When the defendant may demur, and60. How to roceed if complaint be for what. amendedl 59. Demurrer must specify ground of ob- 6l. Objection when taken by answer. A jection. 62. Objection when deemed waived. milyihaieguieiiilliadiiigi “Sec.- 58. The defendant may demur to the complaint within the time ' what- required by law to appear and answer, gvhen it appears upon the face thereof, - either- . First. That the court has no jurisdiction of the person of the defend- · ant or the Subject of the action; or, · , . Second. That the plaintiif has no legal capacity to sue; or, Third. That there is another action pending between the same parties for the same cause; or, Fourth. That there is a defect of parties plaintiff or defendant; or, Fifth. That several causes of action have been improperly united; or, Sixth. That the complaint does not state facts sufficient to constitute a cause of action; or, ‘. ·» V Seventh. That the action has not beencommenced within the time D * HuSimd by  cd)dB· h ll d f h ds ‘?m““g’ musEc. 59. e emurrer s a istinctly s eci the roun of ob'eci§$§<iilFmu d of Ob. tion to the complaint; unless it does so it niay bgdisrg rded. It may ` be taken to the whole complaint or to any of the agdged causes of ¤·»~— w E-M-ed     “&“°‘i€l`E"°i“‘ 1 · . b .1 d .1. f h u b d m ‘ - _ Ec. . e comp ain e amen e, a co y ereo s a e serve gg- plum e mend on the defendant or his attorney, and the delfendant shall answer the same within such time as may be prescribed by the court, and if he omit to do so the plaintiff may proceed to obtain judgment as in other my » t_ h. cases of failure to answer. · - _ _ _. .,.,k.,,’§,§’...§§’.&,Y" °“ SEc. 61. When any of the matters enumerated m section_’rifty-eight do not appear upon the face of the complaint the ob]ection may be _ __ taken by answer. d,°§,',§§,§§§,§$§d_‘"h°“ Sec. 62. If no 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 constitute a cause of action. CHAPTER EIGHT. ° or THE ANSWER. Sec. Sec. 63. What the answer shall contain. 66. Sham and irrelevant answers stricken 64. Naétgrtgd of counterclaim, and how I out on motion. ‘ 65. Defendant may clemur to one or more of several causes of action and answer the rest. _h]L§{*ggu$$] °“S"'°" “Sec. 63. The answer of the defendant shall contain- ` First. A general or specific denial of each material allegation of the. complaint controverted by the defendant, or of any knowledge or information thereof sufficient to form a belief. _ Second. A statement of any new matter constituting a defense or » counterclaim in ordinary and concise language without regetition. c,gg¤;gd*;fo$vg‘ggt1?g· Sec. 64. The counterclaim mentioned in the last prece ing section - ’must be one existing in favor of the defendant and against a plaintiff, between whom a several judgment might be had `in the action, and arising out of the following causes of action: p First. A cause of action arising out of the contract or transaction ‘ set forth in the complaint as the foundation of the p1aintiff’s claim.