Oregon-Washington Water Service Co. v. City of Hoquiam

DIETRICH, Circuit Judge.

The main-contention urged in the petition for a rehearing is that we failed to give consideration to the rule that a defendant may waive-the objection that the action is premature by failing seasonably to interpose it in the-trial court. While we think the grounds upon which the decision is made to rest reach-deeper than mere prematurity, for the purpose of disposing of the contention we accept appellant’s assumption in that respect.. By General Equity Rule 29, demurrers and', pleas are abolished, and any defense in point, of law arising on the face of the bill which,…