 | New York (State), George Bliss - 1912 - 602 σελίδες
...777; 117 NY Supp. 648. c. Construction — Where a defendant moves at trial to dismiss the complaint on the ground that it fails to state a cause of action, the allegations must be taken as true, the same as upon demurrer: Staigler v. Klitz, 129 App. Div. 703;... | |
 | Indiana. Appellate Court - 1912 - 846 σελίδες
...transferred the cause to this eourt. Appellant by his motion in arrest of judgment challenges the complaint on the ground that it fails to state a cause of action within the jurisdiction of a justice of the peace. The complaint showed that appellees were the owners... | |
 | 1918 - 1268 σελίδες
...and demands a recovery of the amount of the check with Interest and protest fees. Defendant demurred to the petition on the ground that It fails to state a cause of action, In that the cheek does not operate as an assignment of any part of the funds to the credit of Lon Fraseur... | |
 | 1919 - 1292 σελίδες
...demands a recovery of the amount of the check, v/itli interest and protest fees. Defendant demurred to the petition on the ground that it fails to state a cause of action, in that the check does not operate as an assignment of any part of the funds to the credit of Lon Fraseur... | |
 | 1922 - 1218 σελίδες
...timely motion for a new trial was overruled by the court, and defendant appeals. [1] Defendant attacks the petition on the ground that it fails to state a cause of action for conversion, or ex contractu, and charges only common-law negligence : (a) That the petition is... | |
 | George Vivian Smith - 1922 - 478 σελίδες
...amounting to an admission of payment, the defendant cannot successfully demurrer to such a statement on the ground that it fails to state a cause of action because the facts stated in the unnecessary allegations according to additional facts set forth in... | |
 | Arthur B. Honnold - 1922 - 894 σελίδες
...as receivers of its property is not denmrrable on the ground that it shows a defect of parties, nor on the ground that it fails to state a cause of action against either one because the other is charged also with the same liability. Union Pac. Ry. Co. v.... | |
 | 1891 - 964 σελίδες
...petition thereon by an assignee, in which it is not averred that the judgments have been paid or canceled, on the ground that it fails to state a cause of action, must be sustained. At Law. On demurrer to petition. JM Parsons, for plaintiff. McMillan & Van Wagenen,... | |
 | United States. Supreme Court - 1926 - 1158 σελίδες
...injunction. The defendant, Port Authority, answered. The defendant company moved to dismiss the complaint on the ground that it fails to state a cause of action. The motion was granted by the district court (287 Fed. 196), and its decree was affirmed by the circuit... | |
 | California. District Courts of Appeal - 1926 - 976 σελίδες
...sufficient answer." [2] It is the general rule that an objection to a complaint, or cross-complaint, on the ground that it fails to state a cause of action, may be raised for the first time on appeal, yet "objections of this character . . . are looked upon... | |
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May 7, 1925, dismissed the petition on the ground that it fails to state a cause of action. 
