Hamilton v. Saffin

*430• The original section was found in the Civil Code of 1853, which provides,

“That if the defect dofcs not appear on the face of the petition, the objection may be taken by answer; and if no objection be taken either by demurrer or answer, the defendant shall be deemed to have waived the same except only the objection to the jurisdiction of the court and that the petition does not state facts sufficient to constitute a cause of action.”

It will be observed that it was the intention of the Legislature that the more or less technical question as to whether the plaintiffs’ suit was upon a joint…