Baxter v. Harrison

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding “it was proper for the court to treat the allegations in the affidavit in support of the motion for summary judgment as amending the answer” when defendant failed to raise plaintiffs’ lack of capacity to sue in initial Rule 12 response
• “The defense or objection of lack of plaintiffs’ capacity to sue is waived unless presented either by a motion, or, if no motion is made, in the answer or reply.”
• “The defense or objection of lack of plaintiffs’ capacity to sue is waived unless presented either by a motion, or, if no motion is made, in the answer or reply.”

Source: CourtListener parenthetical corpus (CC0).