The demurrer under the codes has the same effect as at common law, and may be interposed to any pleading of fact. The provisions of the codes concerning a demurrer to the complaint are as follows:

'The defendant may demur to the complaint, where one or more of the following objections thereto appear upon the fact thereof:

1. That the court has no jurisdiction of the person of the defendant.

2. That the court has no jurisdiction of the subject of the action.

3. That the plaintiff has not legal capacity to sue.

4. That there is another action pending between the same parties, for the same cause.

5. That there is a misjoinder of parties plaintiff.

6. That there is a defect of parties, plaintiff or defendant.

7. That causes of action have been improperly united.

8. That the complaint does not state facts sufficient to constitute a cause of action;" 8 it is further provided that the demurrer must distinctly specify the grounds upon which any of the objections to the complaint are taken, and unless it does so it may be disregarded.9

7 N. Y. Code Civ. Pro., Sec. 484;

Cal. Code Civ. Pro., Sec. 427.

8 N. Y. Code Civ. Pro., Sec. 482;

Cal. Code Civ. Pro., Sec. 430. 9 N. Y. Code Civ. Pro., Sec. 490; Cal. Code Civ. Pro., Sec. 431.

The defendant may demur to the whole complaint or to one or more separate causes of action stated therein; in the latter case he may answer the causes of action not demurred to.10

Where any of the matters enumerated as grounds of demurrer do not appear on the face of the complaint, the objection may be taken by answer11 but if such objection is not taken either by demurrer or answer, the defendant is deemed to have waived it, except the objection to the jurisdiction of the court, or the objection that the complaint does not state facts sufficient to constitute a cause of action.12