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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 Court of Common Pleas ..., Τόμος 2

New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1860
...damage $1,000, 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...

Reports of Cases Argued and Determined in the Court of ..., Τόμος 2;Τόμος 20

New York (State). Court of Common Pleas (City and County of New York) - 1860
...of one thousand dollars." The defendant demurred on the following grounds : First, That this couit has no jurisdiction of the person of the defendant or the subject of the action, as stated in the complaint. Second, That the complaint does not state facts sufficient to constitute...

Session Laws

North Dakota - 1862
...what"ii •peclfy r < SECT. 84. The defendant may demur to the petition only when it appears on its face, either : 1. That the court has no jurisdiction of...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 in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1862
...demurrer were assigned in each demurrer, viz: that it appeared upon the face of the complaint—1st. That the court has no jurisdiction of the person of the defendant or of the subject of the action. 2d. That the plaintiff has not legal capacity to sue. 3d. That there...

Practice and Pleading in Actions in the Courts of Record in the ..., Τόμος 2

Henry Whittaker - 1863
...repeat her That section runs thus : § 144. (1'22.) The defendant may demur to the complaint when it sha appear upon the 'face thereof, either — 1. That...has no jurisdiction of the person of the defendant, < the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, the latter...

The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 667 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...

Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - 1863
...recover. The defendant demurred to the complaint, because it appears upon the face thereof, 1st. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; 2d. That there is a defect of parties plaintiff and defendant ; 3d. That several causes of action...

The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 315 σελίδες
...complaint. § 144. [122.] When defendant may demur. The defendant may demur to the complaint when it shall appear upon the face thereof, either — 1....That there is another action pending between the same purties, for the same cause ; or, 4. That there is a defect of parties, plaintiff or defendant; or,...

Laws of the Territory of Idaho

Idaho - 1864
...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 of the action ; or, Second. That the plaintiff has not the legal capacity to sue; or, Third. That there is another action...

Laws of the Territory of Idaho

Idaho (Ter.) - 1864
...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 of the action ; or, Second. That the plaintiff has not the legal capacity to sue; or, Third. That there is another action...




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