Johnson v. Benjamin Franklin Hotel Co.

Crumlish, J.,. . . The above-captioned bill in equity was previously before this court on defendant’s answer raising preliminary ob*506jections: Johnson v. Benjamin Franklin Hotel Co., 45 D. & C. 192 (1942). In his opinion, dismissing the preliminary objections and ordering defendant to file an answer to the merits, President Judge Oliver pointed out that, under Equity Rule 49, defendant was deemed to have waived its preliminary objections. To the extent, of course, that defendant’s objections, thus raised in limine, questioned equity’s jurisdiction over the subject matter, they may be raised at…