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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

General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - 1870
...the time required m 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 of the subject of the action ; or, Second, That the plaintiff has not the legal capacity to jsuo; or,...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 5

Abraham Lansing, New York (State). Supreme Court - 1872
...defendant may demur to the complaint when it shall appear, upon the face thereof, either first, that the court has no jurisdiction of the person of the defendant, or the subject of the action. By section 147, when any of the matters enumerated in section 144 do not appear, on the face of the...

The Code of Procedure of the State of New York, as Amended to 1873: With ...

New York (State), John Townshend - 1873 - 899 σελίδες
...147 ; 9 Abb. 400). § 144. When defendant may demur. The defendant may demur to the complaint when it shall appear upon the face thereof, either — 1....another action pending between the same parties for the bame cause ; or, 4. That there is a defect of parties, plaintiff or defendant ; or, 5. That several...

The Practice at Law: In Equity, and in Special Proceedings, in All ..., Τόμος 2

William Wait - 1873
...authorizes a demurrer to a complaint, showing upon its face that the court in which the action is brought has no jurisdiction of the person of the defendant, or the subject of the action. By the clause authorizing a demurrer, where the complaint shows upon its face that the court has no...

United States Reports: Cases Adjudged in the Supreme Court, Τόμος 84

United States. Supreme Court - 1874
...defendant is, either a demurrer or an answer.§ "SECTION 6. The defendant may demur to tho petition when it shall appear upon the face thereof, either (1) that...no jurisdiction of the person of the defendant, or tho subject of the action; or (2) that the plaintiff has no legal capacity to sue ; or, &c., &c. "...

The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - 1874 - 872 σελίδες
...and demur to part. SEC. 87. WHEN THE DEFENDANT MAT DEMUR. 140 TITLE VII. PLEADINGS IN CIVIL ACTIONS. 1. That the court has no jurisdiction of the person of the fendant, or the subject of the action. 2. That the plaintiff has not legal capacity to sue. 3. That...

The Practice at Law: In Equity, and in Special Proceedings, in All ..., Τόμος 3

William Wait - 1874
...Incidental applications. a. Objecting to jurisdiction. If it appears upon the face of the complaint that the court has no jurisdiction of the person of the defendant, or of the subject-matter of the action, the defendant may raise the objection for the first time upon...

Digest of the Decisions of the Supreme Court of Iowa: From the ..., Τόμος 2

Thomas Foster Withrow, Edward Holcomb Stiles - 1875
...defendant may demur to the petition only where ¡t appears on its face, either, 1. That the court has nu jurisdiction of the person of the defendant or the...the action ; or, 2. That the plaintiff has not legal rapacity to sue ; or, 3. That there is another action pending between the same parties for the same...

North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 73

North Carolina. Supreme Court - 1875
...following cases : 1. Where it appears from the face of the complaint, that Duira v. BARNES, Adm'r. the Court has no jurisdiction of the person of the defendant, or the subject of the action. 2. That the plaintiff has no legal capacity to sue. 3. That there is another action pending between...

Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - 1875 - 481 σελίδες
...the complaint. 3 1*4. The defendant may demur to thecomplalnt, when it shall appear upon the fla.ce thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the suhject of the action ; or. 2. That the plaintiff has not legal capacity to sne; or, 3. That there...




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