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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... "
The Law Magazine: Or, Quarterly Review of Jurisprudence - Página 6
1851
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Reports of Decisions of the Supreme Court of the State of Nevada, Volumen8

Nevada. Supreme Court - 1873 - 436 páginas
...: 1 — That said complaint does not state facts sufficient to constitute a cause of action; 2 — That there is another action pending between the same parties for the same cause ; 3 — That there is a defect and misjoinder of parties defendant. Defendant Groves denmrred...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volumen2

William Wait - 1873 - 950 páginas
...Where another action is pending. The defendant may demur when it appears upon the face of the complaint that there is another action pending between the same parties for the same cause. Code, § 144, subd. 3 ; Bishop v. Bishop, 7 Rob. 194. But it must appear that such other...
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General Laws, Memorials and Resolutions of the Territory of Wyoming

Wyoming - 1874 - 302 páginas
...the subject of the action; or, St'coml, That the plaintiff has not the legal capacity to sue ; 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...
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United States Reports: Cases Adjudged in the Supreme Court, Volumen84

United States. Supreme Court - 1874 - 738 páginas
...defendant or the subject-matter of the action. (2.) That the plaintiff has not legal capacity to sue. (3.) That there is another action pending between the same parties for the same cause of action in the State. (4.) That there is a defect of parties plaintiff or defendant. (5.)...
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - 1874 - 896 páginas
...of the fendant, 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 same parties for the same cause. 4. That there is a defect of parties, plaintiff or defendant. 5. That several causes of...
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Reports of Cases in the Supreme Court of Nebraska, Volumen3

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1874 - 506 páginas
...That the court had no jurisdiction. Second. That the plaintiff has not legal rapacity to sue. Third. That there is another action pending between the same parties for the same cause. Fourth. That there is a defect of parties plaintiff or defendant. Fifth. That several causes...
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Cotenancy and Partition: a Treatise on the Law of Co-ownership as it Exists ...

Abraham Clark Freeman - 1874 - 730 páginas
...some other matter must be affirmatively stated, as that the plaintiff has no legal capacity to sue, or that there is another action pending between the same parties for the partition of the same property.' "Any party appearing may plead either separately or jointly with one...
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Digest of the Decisions of the Supreme Court of Iowa: From the ..., Volumen2

Thomas Foster Withrow, Edward Holcomb Stiles - 1875 - 724 páginas
...person of the defendant or the subject of 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 cause; or, 4. That there ¡в a defect of parties, plaintiffs or defendants ; or, 5. That the petition does not...
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North Carolina Reports: Cases Argued and Determined in the ..., Volumen73

North Carolina. Supreme Court - 1875 - 694 páginas
...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 the same parties for the same cause. 4. That there is a defect of parties plaintiff or defendant. 5. That the complaint does...
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The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - 1876 - 498 páginas
...That the oourt 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...
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