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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; or, 2. "
Laws of the State of New York Passed at the Sessions of the Legislature - Σελίδα 519
των New York (State). Legislature - 1848
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

Southern Quarterly Review, Τόμος 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850
...demurrer, or an answer. He can demur to the petition when it shall appear upon the face thereof, that the court has no jurisdiction of the person of the defendant, or the subject of the action, or that the plaintiff has not legal capacity to sue, or that there is another action pending between the...

Reports of Cases at Law and in Equity Argued and Determined in the ..., Τόμος 28

Arkansas. Supreme Court - 1876
...sec. Ill, Civil Code of Practice. The demurrer in this case does not specify that the court below had no jurisdiction of the person of the defendant, or the subject of the action, or that the plaintiff had not legal capacity to sue, or that there is another action pending between the...

The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Τόμος 1

1848
...causes for which a demurrer will lie are stated in the code, and are — jurisdiction of the court, of the person of the defendant, or the subject of the action — the want of legal capacity in the plaintiff to sue — the pendency of another action between the...

Merchants' Magazine and Commercial Review, Τόμος 21

1849
...the return day .of the summons. A demurrer lies, where it appears upon the face of the petition that the court has no jurisdiction of the person of the defendant, or the subject of the action ; — that the plaintiff has not the legal capacity to sue ; — that there is another action pending...

Laws of the State of New York

New York (State) - 1851
...the complaint. wh«. the 6 144. The defendant may demur to the complaint, when defendant ' may de- it shall appear upon the face thereof, either : 1. That...no jurisdiction of the person of the defendant, or $he subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there...

The Law Magazine, Or, Quarterly Review of Jurisprudence

1851
...sue; or, " 3. That there is another action pending between the same parties for the same cause; or, " 1. That the court has no jurisdiction of the person...of the defendant or the subject of the action ; or, " 4. That there is a defect of parties, plaintiff or defendant; or, "5. That several causes of action...

The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 207 σελίδες
...copy of the complaint. mm *• § 144. The defendant may demur to the complaint, when «,«y <ie- it shall appear upon the face thereof, either : 1. That the court has no jurisdiction of the person ol the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to...

Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - 1853 - 1071 σελίδες
...the time required in the summons to answer, when it appears upon the face thereof, either : 1st. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2d. That the plaintiff has not legal capacity to sue ; or, 3d. That there is another action pending...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 8

Nathan Howard, New York (State). Supreme Court - 1853
...subdivisions of the section mentioned. Thus, the defendant is authorized to demur when it appears " that the court has no jurisdiction of the person of the defendant, or the subject of the action " In a demurrer for want of jurisdiction it would, undoubtedly, be necessary for the defendant to state...

A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - 1853 - 253 σελίδες
...them, and answer the rest, at the same time, or he may demur to all. The defendant can demur where the court has no jurisdiction of the person of the defendant, or the subject matter of the action. That the plaintiff has not legal capacity to sue, that there is another action...




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