Page:United States Statutes at Large Volume 47 Part 1.djvu/955

 72d CONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 931 SEC. 137. WHAT PROCEEDINGS ARE TO BE HAD WH EN COMPLAINT IS Pro ceedi ngs when A MEND ED .-If the complaint is am ended, a copy of the ame ndments complaint amended. must be filed, or the court may, in its discretion, require the com- plaint as amended to be fil ed, and acopyoftheam ndm ents or amended complaint must be served upon the defendants affected thereby. The defendant must ans wer the ame ndme nts, or the com- plaint as amended, within ten days after service thereof, or such other time as the court may direct, and Judgment by default may be entered upon failure to answer, as in other cases. .SEC. 138. OBJECTION NOT APPEARING ON COMPLAINT, MAY BE TAHEN Objection not ap- pearing on complaint, BY ANSWER .--When any of the matters enumerated in section 135 do may be taken by an- not appear upon the f ace of the complaint, th e objection may be aAte, p. 930. taken by answer. SEC. 139. OBJECTIONS, WHEN DEEMED WAIVED .-If no objection be " When d eemed taken, either by demurrer or answer, the defendant must be deemed to have waived the same, excepting only the objection to the juris- diction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action . ANSWER A nswe r. SEC . 140. ANSWER, WHAT To CONTAIN .-The answer of the defend- contents& ant shall contain 1. A general or specific denial of the material allegations of the complaint controverted by the defendant . 2. A statement of any new matter constituting a defense or counterclaim. If the complaint be verified, the denial of each allegation contro- verted must be specific, and be made positively, or according to the . information and belief of the defendant. If the defendant has no information or belief upon the subject sufficient to enable him to answer an allegation of the complaint, he may so state in his answer, and place his denial on that ground. If the complaint be not verified a general denial is sufficient, but only puts in issue the material allegations of the complaint. SEC. 141. ACT ION S TO RECOVER IN SURA NCE ; WHAT DEFENDANT CLAIM- Actions torecover in- surance ; what defend- ING EXEMPTION, MUST SET up .-In an action to recover upon a contract an tclainiingeaemption of insur ance w herei n the defe ndant claim s exe mption from liab ility must plead. upon the ground that, although the proximate cause of the loss was a peril insured against the loss was remotely caused by or would not have occurred but ?or a peril excepted in the contract of insur- ance, the defendant shall in his answer set forth and specify the peril which was the proximate cause of the loss, in what manner the peril excepted contributed to the loss or itself caused the peril insured against, and if he' claim that the peril excepted caused the peril ins ured agains t, he shal l in his an swer set f orth a nd sp ecify upon what premises or at what place the peril excepted caused the peril insured against. SEC. 142. WHEN COUNTERCLAIM MAY BE SET up.-The counterclaim mWyhb e ou terclalm mentioned in section 140 must be one existing in favor of a defend- an t and again st a plain tiff, betwe en wh om a severa l jud gment might be had in the action, and arising out of one of the following causes of action 1. A cause of action arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2 . In an action arising upon contract ; any other cause of action arising also upon contract and existing at the commencement of the action.