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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 517
των New York (State). Legislature - 1848
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Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 5

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 - 1855 - 648 σελίδες
...The defendant may demur to the complaint when it appears upon 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 legal capacity to sue; or, " Third. That there is another action...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 12

Nathan Howard (Jr.) - 1856 - 626 σελίδες
...demurrers to be taken in the following order, in respect to the causes of the demurrer : — 1st. That the court has no jurisdiction of the person of the defendant or subject matter of the action. 2d. That the plaintiff has not legal capacity to^sue. 3d. That there...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 586 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...

The Statutes of the Territory of Kansas

Kansas - 1858 - 482 σελίδες
...only ftnhd°a°nthe maV n when it appears on its face either, 1. That the court has no p"utUm!° "" jurisdiction of the person of the defendant, or the subject of the action. 2. That the plaintiff has not legal capacity to sue. 3. That there is another action pending between...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 10

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 - 1858 - 666 σελίδες
...defendant may demur to the complaint 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,...

Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - 1859 - 464 σελίδες
...defendant may demur to the petition only when defendant when it appears on its face, either, may demur. 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action. 3. That there is another action pending between the same parties for the same cause. 2. That the plaintiff...

General Laws of the Territory of Kansas

Kansas - 1859 - 726 σελίδες
...^Ec' '^' ^e defendant may demur to the petition only when it appears on its face either, First, That the court has no jurisdiction of the person of the defendant, or the subject of the action. Second, That the plaintiff has not legal capacity to sue. Third, That there is another action pending...

Reports of Practice Cases, Determined in the Courts of the State of ..., Τόμος 8

1859 - 616 σελίδες
...damage $1000, for which judgment is demanded." The defendant demurs upon two grounds. 1st. That this court has no jurisdiction of the person of the defendant or the subject of the action. 2d. That the complaint does not state facts sufficient to constitute a cause of action. For the reasons...

The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 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...

Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - 1860 - 312 σελίδες
...demur. SEC. 200. The defendant may demur to the petition for any of the following defects: First: When the court has no jurisdiction of the person of the defendant, or the subject of the action; Second: When the plaintiff has no legal capacity to sue; Fourth: Where there is defect of parties,...




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