 | Montana (Ter.) - 1866 - 792 páginas
...subject of the action ; or, Second, that the plaintiff has not the legal capacity to sue ; or, Third, that there is another action pending between the same parties for the same cause ; or, Fourth, that there is a defect or misjoinder of parties, plaintiff or defendant ; or, Fifth, that several... | |
 | Idaho (Ter.) - 1866 - 356 páginas
...subject of the action ; or, Second — That the plaintiff has no legal capacity to sue; or, Third — That there is another action pending between the same parties, for the same cause ; or, Fourth — That there is a defect or misjoinder of parties, plaintiff or defendant ; or, Fifth —... | |
 | Montana - 1866 - 802 páginas
...subject of the action ; or, Second, that the plaintiff has not the legal capacity to sue ; or, Third, that there is another action pending between the same parties for the same cause ; or, Fourth, that there is a defect or misjoinder of -parties, plaintiff or defendant ; or, Fifth, that... | |
 | William B. Wedgwood - 1866 - 492 páginas
...That the court has no jurisdiction in the case; 2. That the plaintiff has no legal capacity to sue ; 3. That there is another action pending between the same parties, for the same cause, in another court of the State; 4. That there is a defect of parties; 5. That several causes... | |
 | New York (State) - 1867 - 1086 páginas
...That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, s. And in other cases, when 4. That there is a detect of parties, plaintiff or defendant.; or, 5. That several causes of action... | |
 | John Townshend - 1867 - 298 páginas
...That the court has no jurisdiction of the person of the defendant, o"r the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue...between the same parties, for the same cause ; or, 4. That there is a defect of parties, plaintiff or defendant ; or, 5. That several causes of action... | |
 | South Carolina - 1868 - 942 páginas
...That the Court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue...between the same parties, for the same cause ; or, 4. That there is a defect of parties, plaintiff or defendant ; or, 5. That several causes of action... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 622 páginas
...subject of the action. " 2. That the plaintiff has not legal capacity to sue. Thempson v. Greenwood. "3. That there is another action pending between the same parties for the same cause. " 4. That there is a defect of parties, plaintiff or defendant." 2 G. & H. 77. All of these... | |
 | New York (State) - 1869 - 1002 páginas
...defendant, or the subject of the action ; or 2. That the plaintiff has not legal capacity to sue ; or s. That there is another action pending between the same parties, for the same cause ; or 4. That there is a defect of parties, plaintiff or defendant ; or 5. That several causes of action... | |
 | Nathan Howard (Jr.) - 1869 - 670 páginas
...1868. E. DELAFIELD SMITH, for plaintiff. DD LORD, for defendant. BARRETT, J. The point is well taken, that there is another action pending between the same parties, for the same cause of action, (Code § 144, sub. 3.) The special averments contained in the present complaint,... | |
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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. That... 
