 Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the...  General Rules of Procedure Promulgated July 4, 1947 - Page 7by United States. Indian Claims Commission - 1947 - 29 pagesFull view - About this book
 | United States. Supreme Court - 1940 - 894 pages
...claim for relief in any pleading, whether a claim, counterclaim, cross-claim;' or third-party claim, shall be asserted in the responsive pleading thereto...following defenses may at the option of the pleader 1 be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over... | |
 | United States. Court of Claims, Audrey Bernhardt - 1952 - 936 pages
...144 Opinion of the Court Every defense, in law or fact, to a claim for relief in any pleading, * * * shall be asserted in the responsive pleading thereto...pleader be made by motion: (1) lack of jurisdiction of the subject matter or the person, and (2) failure to state a claim upon which relief can be granted.... | |
 | United States. Court of Claims, Audrey Bernhardt - 1954 - 1160 pages
...relief in any pleading, whether a petition, counterclaim, or third-party petition, shall be asserted hi the responsive pleading thereto if one is required,...pleader be made by motion: (1) lack of jurisdiction of the subject matter or the person, and (2) failure to state a claim upon which relief can be granted.... | |
 | 1938 - 152 pages
...claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto...matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure... | |
 | United States. U.S. Congress. House. Committee on the judiciary - 1938 - 174 pages
...claim for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted in the responsive pleading thereto...may at the option of the pleader be made by motion: This goes to the point so many of you have been discussing. These six defenses either in law or in... | |
 | United States. Supreme Court, Palmer Daniel Edmunds - 1938 - 782 pages
...(b) of that Rule provides that every defense, in law of fact, to a claim for relief in any pleading, shall be asserted in the responsive pleading thereto if one is required, except that certain named defenses may, at pleader's option, be made by motion. In other words, where defendant... | |
 | United States. Supreme Court, United States. District Courts, United States. Supreme Court. Advisory Committee on Rules for Civil Procedure - 1939 - 364 pages
...claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto...matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure... | |
 | United States - 1982 - 1226 pages
...claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, er, the Commissioner may utilize the services and facilities process, (4) insufficiency of service of the summons and complaint, (5) failure to state a claim upon... | |
 | United States - 1988 - 1120 pages
...claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, nd (5) facilitating the settlement of the action....the judge to whom the action is assigned finds that improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure... | |
 | United States - 1965 - 860 pages
...fact, to a claim for relief in any pleading, whether a petition, counterclaim, or third-party petition, shall be asserted in the responsive pleading thereto...pleader, be made by motion: (1) lack of jurisdiction of the subject matter or the person, and (2) failure to state a claim upon which relief can be granted.... | |
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