 | Montana (Ter.) - 1866 - 792 pages
...complaint, within the time required to answer, when it appears on the face thereof, either, First, That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, Second, that the plaintiff has not the legal capacity to sue ; or, Third, that there is another action... | |
 | Montana - 1866 - 802 pages
...complaint, within the time required to answer, when it appears on the face thereof, either, First, That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, Second, that the plaintiff has not the legal capacity to sue ; or, Third, that there is another action... | |
 | Idaho (Ter.) - 1866 - 356 pages
...subject of the action ; or, Second — That the plaintiff has no legal capacity to sue; or, Third — That there is another action pending between the same parties, for the same cause ; or, Fourth — That there is a defect or misjoinder of parties, plaintiff or defendant ; or, Fifth —... | |
 | Idaho, Idaho Territory - 1866 - 534 pages
...time required in the summons to answer, when it appears upon the face thereof, either : First. That the court has no jurisdiction of the person of the defendant, or the subject matter of the action ; or, Second. That the plaintiff has not legal capacity to sue ; or, Third. That... | |
 | William B. Wedgwood - 1866 - 492 pages
...That the court has no jurisdiction in the case; 2. That the plaintiff has no legal capacity to sue ; 3. That there is another action pending between the same parties, for the same cause, in another court of the State; 4. That there is a defect of parties; 5. That several causes... | |
 | New York (State) - 1867 - 1086 pages
...demur. The defendant may demur to the complaint when it shall appear upon the face thereof, either — 1. That the court has no jurisdiction of the person...parties, for the same cause ; or, 4. That there is a detect of parties, plaintiff or defendant.; or, 5. That several causes of action have been improperly... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 622 pages
...section 50 specifies the causes for which a demurrer may be filed, among which are the following : " 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action. " 2. That the plaintiff has not legal capacity to sue. Thempson v. Greenwood. "3. That there is another... | |
 | California, Theodore Henry Hittell - 1868 - 418 pages
...time required in the summons to answer, when it appears upon the face thereof, either : First. That the court has no jurisdiction of the person of the defendant, or the suhject of the action ; or, Second. That the plaintiff has not legal capacity to sue ; or, Third. That... | |
 | New York (State) - 1869 - 1002 pages
...may demur to the complaint, when when the it shall appear upon the face thereof, either ; may'dcmu 1. That the court has no jurisdiction of the person...That the plaintiff has not legal capacity to sue ; or s. That there is another action pending between the same parties, for the same cause ; or 4. That there... | |
 | Nathan Howard (Jr.) - 1869 - 670 pages
...1868. E. DELAFIELD SMITH, for plaintiff. DD LORD, for defendant. BARRETT, J. The point is well taken, that there is another action pending between the same parties, for the same cause of action, (Code § 144, sub. 3.) The special averments contained in the present complaint,... | |
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... The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; 2. 
