Tennant v. Pfister

Citations

• 45 Cal. 270

Syllabus

<p>Misjoinder on Parties Plaintijt in Complaint.—When it appears on the face of the complaint that there is a misjoinder of parties plaintiff, the objection must be taken by demurrer, and cannot be taken by answer.</p> <p>.Objection to Complaint on Trial,—When a demurrer to the complaint, on the ground of a misjoinder of parties plaintiff (or other ground which would he waived if not taken in time), has been overruled, the objection cannot be again taken on the trial, hut the case must proceed on its merits, so far as such objection is concerned.</p> <p>Objection to Complaint on Trial.—On the trial no objection to the complaint is open to inquiry, except the want of jurisdiction, or that it does not state facts sufficient to constitute a cause of action.</p>