Marx & Jorgenson v. Croisan

ON PETITION POR REHEARING.

[Piled April 9, 1889.]

Lord, J.

The argument in the motion for rehearing evidently misconceives the ground upon which the opinion is based,, and necessarily renders inapplicable the authorities cited to sustain it. Two things may be noted at the outset, that there is nothing in the opinion to indicate or warrant the inference that where a complaint fails to state a cause of action, or the court does not have jurisdiction of the subject-matter thereof, that advantage *398cannot be taken of it at any time and in any court. The objections, when well taken, are always “fatally…