Hawthorne v. Andrew

Section 11130 of the Code provides:

“In actions triable in equity, every defense in point of law arising upon the face of the petition, cross-petition, petition of intervention, answer, counterclaim, or reply, as the case may be, for misjoinder of parties, or which in an action triable at law may be made by demurrer, shall be made by motion to dismiss or in the answer or reply.”

The defendants availed themselves of the remedy of attacking the plaintiffs’ petition by motions to dismiss, as provided for in the aforesaid quoted section. Upon the submission of said motions, the same were by the…