Thorne, Neale & Co. v. Coe

El CHER, Chief Justice.

In the hearing on the motion to dismiss, there were two questions raised: (1) Has the court jurisdiction over defendant Carney by reason of an alleged general appearance; and (2) Is the Commissioner an adverse party within the meaning of section 72a of Title 35, U.S. C.A.?

Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, provides that “No defense or objection' is waived by being joined with one or more other defenses or objections in a responsive pleading or motion.” (emphasis supplied).

The question of general and special…