509.400. Defenses which may be raised by pleading--waiver.
Defenses which may be raised by pleading--waiver.
509.400. All defenses and objections for which there is noprovision for the raising of the same by motion shall be raisedin the responsive pleading if one is permitted. When noresponsive pleading is required the case shall be deemed atissue. If a responsive pleading is required all defenses orobjections not raised therein are waived, except failure to statea claim upon which relief can be granted, or failure to state alegal defense to a claim, and, except lack of jurisdiction overthe subject matter. All issues of fact raised or deemed to beraised shall be determined at the trial.
(L. 1943 p. 353 § 72)