Territory ex rel. Baca v. Baca

Citations

• 18 N.M. 63
• 134 P. 212

Syllabus

<p>SYLLABUS (BY THE COURT)</p> <p>I. A defendant, by answering over, upon demurrer overruled, waives all objections to tbe petition of tbe plaintiff, except to tbe jurisdiction of tbe court and tbe failure of tbe petition to state a cause of action, and, where a defendant raises by demurrer tbe question of a defect of parties plaintiff, and, upon such demurrer being voerruled answers to tbe merits, be cannot thereafter raise tbe same question by objecting to the introduction of evidence.</p> <p>P. 67</p>