Kleiner v. O'Kelley

Citations

• 22 N.M. 624
• 167 P. 1

Syllabus

<p>SYLABUS BY THE COURT.</p> <p>1. A demurrer to an entire declaration or complaint made up of separable parts must be overruled if any one of the counts or parts is good as against it.</p> <p>P. 627</p> <p>2. The premature commencement of an action is not a jurisdictional matter, but is one which may be waived, as by a failure seasonably to interpose an objection upon this ground; and it is ordinarily held that, if defendant, without objection, appears and pleads to the merits of the action, he cannot thereafter object that it was prematurely commenced.</p> <p>P. 627</p>