Kline Car Corp. v. Watkins Motor Co.

1. “ Pleas to the jurisdiction must be pleaded in person and must, when relied on, be pleaded specially, unless a want of jurisdiction appears on the face of the proceedings, in which ease it may be taken advantage of. on motion.” Civil Code (1910), § 5665. The defendant, not having filed a special plea to the jurisdiction, cannot raise ■the question in his plea by a general denial of facts alleged in the petition showing jurisdiction of the person.

2. Where a contract provides that a sum of money deposited by one of the contracting parties with the other party as a guarantee for the faithful…