Scott v. Davis

The issue in this cause is whether the filing of a demurrer to a petition, including therein grounds relating to the merits of the cause, constitutes a general appearance in *254the cause so as to give a trial court jurisdiction of the person of the party filing such demurrer.

Tins question arose when the defendant, as its first act in the cause, filed a demurrer to the petition upon the grounds that the petition does not state facts showing a cause of action; that the action was not brought within the time limited for the commencement of such action; and that there was a misjoinder of parties…