Carter v. Wann

Citations

• 6 Idaho 556
• 57 P. 314
• 1899 Ida. LEXIS 32

Syllabus

<p>Pleadings — Practice — Demurrer—Answer.—Objections to a com-eomplaint that “the action is not brought in the name of the real parties in interest, as is shown by the face of the complaint” ; “that the plaintiff has not legal capacity to sue in this action; that several causes of action have been improperly united”; “that the complaint is ambiguous, unintelligible and uncertain,” must be taken by demurrer, or answer, and when not so taken will be deemed to be waived.</p> <p>Same — General Demurrer. — When the complaint states a good cause of action, although joined with a cause of action that is demur-rable, a general demurrer that the complaint does not state facts sufficient to constitute a cause of action, will not lie.</p> <p>Trespass Upon Lands of Indians by Allotment. — Indians holding lands by allotment are entitled to bring suit for trespass upon such lands.</p> <p>(Syllabus by the court.)</p>