 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 páginas
...demurrer, or an answer. He can demur to the petition when it shall appear upon the face thereof, that the court has no jurisdiction of the person of the defendant, or the subject of the action, or that the plaintiff has not legal capacity to sue, or that there is another action pending between the... | |
 | Arkansas. Supreme Court - 1876 - 650 páginas
...sec. Ill, Civil Code of Practice. The demurrer in this case does not specify that the court below had no jurisdiction of the person of the defendant, or the subject of the action, or that the plaintiff had not legal capacity to sue, or that there is another action pending between the... | |
 | 1848 - 718 páginas
...causes for which a demurrer will lie are stated in the code, and are — jurisdiction of the court, of the person of the defendant, or the subject of the action — the want of legal capacity in the plaintiff to sue — the pendency of another action between the... | |
 | 1849 - 716 páginas
...the return day .of the summons. A demurrer lies, where it appears upon the face of the petition that the court has no jurisdiction of the person of the defendant, or the subject of the action ; — that the plaintiff has not the legal capacity to sue ; — that there is another action pending... | |
 | Kentucky - 1851 - 548 páginas
...demurrer. § 140. The defendant may demur to the petition, where it appears on its face, either 128 129 2. That the plaintiff has not legal capacity to sue...same parties, for the same cause; or 4. That there 13 a defect of parties, plaintiff or defendant; or 5. That the petition does not state facts sufficient... | |
 | 1851 - 520 páginas
...sue; or, " 3. That there is another action pending between the same parties for the same cause; or, " 1. That the court has no jurisdiction of the person...of the defendant or the subject of the action ; or, " 4. That there is a defect of parties, plaintiff or defendant; or, "5. That several causes of action... | |
 | Kentucky - 1851 - 544 páginas
...where it appears on its face, either 128 2. That the plaintiff has not legal capacity to sue ; or 1851. 3. That there is another action pending between the...same parties, for the same cause; or 4. That there is u defect of parties, plaintiff or defendant ; or . 5. That the petition does not state facts sufficient... | |
 | New York (State) - 1851 - 1408 páginas
...may demur to the complaint, when defendant ' may de- it shall appear upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant, or $he subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there... | |
 | Nathan Howard (Jr.) - 1851 - 530 páginas
...rule. Section 144 allows the defendant to demur to the complaint when it appears on the face thereof that there is another action pending between the same parties for the same cause of action and § 147 allows the objection to be taken by answer when it does not appear... | |
 | 1852 - 446 páginas
...defendant may Faimers' Loan and Trust Co. v. Hunt. demur, if it appears, on the face of the complaint, that there is another action pending between the same parties for the same cause ; and § 147 permits the objection to be taken by answer where it does not appear on the... | |
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The defendant may demur to the complaint within thé 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; 2. 
