 | Kansas - 1859 - 726 Seiten
...defendant may demur to the petition only when it appears on its face either, 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... | |
 | Nebraska - 1859 - 464 Seiten
...petition only when defendant when it appears on its face, either, may demur. 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action. 3. That there is another action pending between the same parties for the same cause. 2. That the plaintiff... | |
 | Austin Abbott - 1859 - 608 Seiten
...$1000, for which judgment is demanded." The defendant demurs upon two grounds. 1st. That this court has no jurisdiction of the person of the defendant or the subject of the action. 2d. That the complaint does not state facts sufficient to constitute a cause of action. For the reasons... | |
 | California - 1860 - 388 Seiten
...required in the summons to answer, when it appears upon the face thereof, either : 1st. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2d. That the plaintiff has not legal capacity to sue ; or, 3d. That there is another action pending... | |
 | Colorado, Jefferson Territory - 1860 - 312 Seiten
...The defendant may demur to the petition for any of the following defects: First: When the court has no jurisdiction of the person of the defendant, or the subject of the action; Second: When the plaintiff has no legal capacity to sue; Fourth: Where there is defect of parties,... | |
 | New York (State). Court of Common Pleas (City and County of New York) - 1860 - 662 Seiten
...one thousand dollars." The defendant demurred on the following grounds : First, That this couit has no jurisdiction of the person of the defendant or the subject of the action, as stated in the complaint. Second, That the complaint does not state facts sufficient to constitute... | |
 | North Dakota - 1862 - 640 Seiten
...defendant may demur to the petition only when it appears on its face, either : 1. That the court has no jurisdiction of the 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... | |
 | Henry Whittaker - 1863 - 1154 Seiten
...the 'face thereof, either — 1. That the court has no jurisdiction of the person of the defendant, < the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, the latter may not, at the time, have taken any steps to avail himself of the default suffered. See... | |
 | California - 1863 - 756 Seiten
...required in the summons to answer, when it appears upon the face thereof, either : 1st. That the Court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2d. That the plaintiff has not legal capacity to sue ; or, 3d. That there is another action pending... | |
 | Oliver Lorenzo Barbour - 1863 - 732 Seiten
...defendant demurred to the complaint, because it appears upon the face thereof, 1st. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; 2d. That there is a defect of parties plaintiff and defendant ; 3d. That several causes of action... | |
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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; 2. 
