 | John Townshend - 1864 - 320 Seiten
...demur to the complaint when it shall appear upon the face thereof, either — 1. That the court has no jurisdiction of the person of the defendant, or...That there is another action pending between the same purties, for the same cause ; or, 4. That there is a defect of parties, plaintiff or defendant; or,... | |
 | Idaho - 1864 - 734 Seiten
...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 the legal capacity to sue; or, Third. That there is another action... | |
 | Idaho (Ter.) - 1864 - 762 Seiten
...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 the legal capacity to sue; or, Third. That there is another 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 - 1864 - 624 Seiten
...statute is as follows upon the subject of demurring when the complaint shows another action pending: "That there is another action pending between the same parties for the same cause." 2 RS p. 88, sec. 50, sub-division third. As the complaint did not show such prior action... | |
 | Montana (Ter.) - 1866 - 792 Seiten
...the time required to answer, when it appears on 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 the legal capacity to sue ; or, Third, that there is another action... | |
 | Montana - 1866 - 802 Seiten
...the time required to answer, when it appears on 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 the legal capacity to sue ; or, Third, that there is another action... | |
 | Idaho (Ter.) - 1866 - 356 Seiten
...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 —... | |
 | William B. Wedgwood - 1866 - 492 Seiten
...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 Seiten
...demur to the complaint when it shall appear upon the face thereof, either — 1. That the court has no jurisdiction of the person of the defendant, or...parties, for the same cause ; or, 4. That there is a detect of parties, plaintiff or defendant.; or, 5. That several causes of action have been improperly... | |
 | 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 Seiten
...the causes for which a demurrer may be filed, among which are the following : " 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. Thempson v. Greenwood. "3. That there is another... | |
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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. 
