The following excerpt is from Mitsui v. St. Paul Fire & Marine Ins. Co., 202 F. 26 (9th Cir. 1913):
The form of the assignment would seem to be ample, as it points out the error relied upon. It was not necessary that defendant obtain leave of court to answer. Rule 15 of the trial court permits that without special leave. Nor was the demurrer waived by answering over. In Teal v. Walker, 111 U.S. 242, 4 Sup.Ct. 420, 28 L.Ed. 415, a demurrer was interposed to the complaint on the ground that it did not state facts sufficient to constitute a cause of action. [202 F. 29]
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.