Hyde v. Bryan

Citations

• 24 N.M. 457
• 174 P. 419

Syllabus

<p>SYLLABUS BY THE COURT. '</p> <p>1. The face of a pleading controls its character, • and not the name given to it hy the pleader. P. 460</p> <p>2. Every pleading must he, under our practice, subscribed by the party making the same, or his attorney, and, when any pleading is verified, every subsequent pleading, except a demurrer, must be verified. p. 460</p> <p>3. Where a verfication is required, as is the ease under our statute, and is omitted, the pleading may be stricken out or judgment may be had on the pleadings. P. 460</p> <p>4. A defendant, by answering over, upon demjirrer overruled, waives all objections to the petition of the plaintiff, except to the jurisdiction of the court and the failure of petition to state a cause of action. p. 461</p> <p>5. Code 1915, § 1999, providing for an examination of ballots by the board of county commissioners in case of a contest, does not violate Const, art. 7, § 1, requiring the enactment of laws securing the secrecy of the ballot. P. 462</p>