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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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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Τόμος 91

North Carolina. Supreme Court - 1884 - 738 σελίδες
...dismiss. Under section 239 of THE CODE, the defendant may demur to the complaint on the ground that the court has no jurisdiction of the person of the defendant, or of the sabject of the action, and, "that the complaint does not state facts sufficient to constitute...

The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - 1885 - 1332 σελίδες
...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 legal capacity to sue ; or, third, that there is another action...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 62

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1885 - 772 σελίδες
...said claim or take any action thereon. "The defendant demurred on the grounds (1) that the court had no jurisdiction of the person of the defendant or the subject of the action; (2) that the complaint did not state facts sufficient to constitute a cause of action ; (3) that the...

The Northeastern Reporter, Τόμος 17

1888 - 956 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 of the subject of the action." The rule is universal, as applied to courts of general jurisdiction,...

The Codes and Statutes of California, as Amended and in Force at the Close ...

California - 1886 - 758 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 has...another action pending between the same parties for the •ame cause; or, 4. That there is a defect or misjoinder of parties plaintiff or defendant; or, 6....

Reports of Cases in the Supreme Court of Nebraska, Τόμος 19

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1886 - 802 σελίδες
...The grounds of demurrer to a petition are prescribed by section 94 of the code, and are — 1st, that the court has no jurisdiction of the person of the defendant or the subject of the action ; 2d, that the plaintiff has not legal capacity to sue; 3d, that there is another action pending between...

The Northwestern Reporter, Τόμος 28

1886 - 1058 σελίδες
...grounds of demurrer to a petition are prescribed by section 94 of the Code, and are — 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...

Annotated Ohio Code of Civil Procedure

Ohio, William Henry Whittaker - 1887 - 688 σελίδες
...defendant may demur to petition. 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...

The Pacific Reporter, Τόμος 14

1887 - 956 σελίδες
...overflow, undermine, and wash away the lands of appellant, etc. The grounds of demurrer assigned were: (1) That the court has no jurisdiction of the person of the defendant, or the subject of the action; (2) that the complaint herein does not state facts sufficient to constitute a cause of action; (3)...

The Southwestern Reporter, Τόμος 178

1915 - 1318 σελίδες
...defendant may demur to the petition, 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 ; or, second, that the plnintilï has not legal capacity to sne; or, third, that there is another action...




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