Rogers v. Crawford
New Mexico Supreme Court
Error to District Court, Chavez, County; McClure, Judge. Suit by A. J. Crawford against W. E. Rogers. Judgment for plaintiff, and defendant brings error. ON MOTION FOR REHEARING. Amendment did not waive ruling on defenses to which demurrer ivas sustained. 1 A. & E. P. & P., 624; Ingham v. Dudley, Admr. 14 N.W. 82; 31 Cye. 746; Hagely v. Hugely, 9 Pae. 305; Eulsom v. Winch, 19 N. W. 305; Traveler’s Ins.
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Error to District Court, Chavez, County; McClure, Judge. Suit by A. J. Crawford against W. E. Rogers. Judgment for plaintiff, and defendant brings error. ON MOTION FOR REHEARING. Amendment did not waive ruling on defenses to which demurrer ivas sustained. 1 A. & E. P. & P., 624; Ingham v. Dudley, Admr. 14 N.W. 82; 31 Cye. 746; Hagely v. Hugely, 9 Pae. 305; Eulsom v. Winch, 19 N. W. 305; Traveler’s Ins. Co. v. Redfield, 40 Pac. 185; Scott v. Halloek, 47 Pac. 968, Everything not contained in amended pleading is abandoned. A. & E. Ene. P. &. P. 626; Wells v. Applegate, 6 Pac. 776; Maxwell on…
1Opinion
ON MOTION FOR REHEARING.
IIANNA, C. J.
The plaintiff in error in his motion for rehearing raises the point that this court, in its opinion, has overlooked the exception to the general rule upon which the opinion in this case was based, contending that he comes under the exception to the rule, which is ,as stated in the case of Ingham v. Dudley, 60 Iowa, 16, 14 N. W. 82, that:
“Where an answer is held bad on demurrer, the defendant does not waive his exception to the rulings on the demurrer by amending his answer so as to set up new defenses.”
In other words, a waiver occurs only where the…
2Cases cited2 opinions
- Pople v. OrekarNew Mexico Supreme Court · 1916
- Ingham v. DudleySupreme Court of Iowa · 1882