 | California - 1876 - 867 σελίδες
...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...the defendant, or the subject of the action ; or, 3. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between... | |
 | Iowa. Supreme Court - 1876
...the Code provides that the defendant may demur to the petition when it appears upon its face, " that the court has no jurisdiction of the person of the defendant or the subject of the action." Section 2650 provides that "when any of the matters enumerated as grounds of demurrer do not appear... | |
 | Wyoming - 1876 - 702 σελίδες
...tin1 time required in the summons to answer, when it appears upon tinface 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 sue : Tnird,... | |
 | Ohio - 1878
...SUBDIVISION III. DEMURRER. SEC. 6. Thu 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... | |
 | North Carolina, Albion W. Tourgée - 1878 - 437 σελίδες
...demanded and how it is due appear either from the summons or the complaint. Dunn v. Barnes, 73—273. 1. That the court has no jurisdiction of the person...of the defendant, or the subject of the action ; or A demurrer to the jurisdiction of the Superior Court in an action to recover from an executor the interest... | |
 | Asa Iglehart - 1879 - 1012 σελίδες
...complaint in a civil action. The defendant may demur to the complaint when it appears on the face thereof: 1. That the court has no jurisdiction of the person of the defendant or the subject matter of the action; or, 2. That the plaintiff has no legal capacity to sue; or, 3. That there is... | |
 | James Gould - 1879 - 502 σελίδες
...office. Still, it would be a peculiar case, in which it would appear on the face of the complaint, that the court has no jurisdiction of the person of the defendant ; — or that the plaintiff, as being an infant or married woman, has not legal capacity to sue, (31 Barb. 132... | |
 | California, Nathan Newmark - 1880 - 763 σελίδες
...required in the summons to answer, when itippears upon the faco thereof, either — I That the court lias no jurisdiction of the person of the defendant, or...3. That there is another action pending between the woe parties for the same cause; or, i That there is a defect or misjoinder of parties plaintiff "defendant;... | |
 | Nevada. Supreme Court - 1880
...-there is nothing to try. If it is ambiguous, unintelligible or uncertain, it should be made plain. If the court has no jurisdiction of the person of the defendant, or of the subject of the action, it cannot proceed with the case. If it appears upon the face of the complaint... | |
 | Idaho (Ter.) - 1881
...complaint when dcwithin the time required in the summons to answer, demur!' m " y when it appears npon the face thereof, either: 1. That the Court has no...of the defendant or the subject of the action; or, 3. That there is another action pending between the same parties for the same cause; or, 2. That the... | |
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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. 
