Hudgins Contracting Co. v. Redmond

Russell, O. J.

1. “If a defendant appear and plead to the merits, without pleading to the jurisdiction, and without excepting thereto, he thereby admits the jurisdiction of the court.” Civil Code (1910), § 5661. A mere reference to the defendant’s right to demur or to plead to the jurisdiction at a later stage of the ease is not a sufficient substi*318tute for the filing of a demurrer for testing the jurisdiction of the court and properly raising the point that the court is without jurisdiction, either before filing a plea to the merits or concurrently therewith. And the same rule applies to a…