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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. "
A Digest of New York Statutes and Reports: From the Earliest Period to the ... - Seite 477
von Benjamin Vaughan Abbott, Austin Abbott - 1864
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The Code of Civil Procedure of the State of California, Adopted March 11th ...

California, Nathan Newmark - 1880 - 768 Seiten
...required in the summons to answer, when itippears upon the faco thereof, either — I That the court lias no jurisdiction of the person of the defendant, or...3. That there is another action pending between the woe parties for the same cause; or, i That there is a defect or misjoinder of parties plaintiff "defendant;...
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The Federal Reporter: Cases Argued and Determined in the ..., Bände 111-112

1902 - 2074 Seiten
...complaint. Two grounds of demurrer are stated.. First. That it appears upon the face of the complaint that there is another action pending between the same parties for the same cause. ' Second. That the complaint does not state facts sufficient to constitute a. cause of...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - 1881 - 842 Seiten
...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...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1881 - 588 Seiten
...the action; or, 3. That there is another action pending between the same parties for the same cause; or, 2. That the plaintiff has not legal capacity to sue; or, 4. That there is a delect or misjoinder of parties plainlift' or defendant; or, 5. That several causes...
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Institutes of American Law, Band 2

John Bouvier - 1882 - 812 Seiten
...may 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 the plaintiff has not legal capacity to sue; or, 8. That there is another cause of action pending between the same parties for the same cause ; or,...
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Laws of the Territory of Utah Passed by the Legislative Assembly, Band 26

Utah - 1884 - 666 Seiten
...the summons to answer, may demur when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or...pending between the same parties for the same cause; or, 5. That several causes of action have been improperly united; or, 4. That there is a defect or misjoinder...
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McClain's Annotated Statutes of the State of Iowa: Showing the ..., Band 2

Iowa, Emlin McClain - 1884 - 940 Seiten
...defendant may demur to the petition only whore it appears on its face, either: 1. That the court has no jurisdiction of the person of the defendant or...is another action pending between the same parties fo&the same cause; or, 4. That there is a defect of parties, plaintiffs or defendants; or, 5. That...
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The Pacific Reporter, Band 127

1913 - 1154 Seiten
...required by law to appear and 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 that (2) the plaintiff has not legal capacity to sue; or * * * (6) that the complaint does not state...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Band 1

1884 - 934 Seiten
...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 Pacific Reporter, Band 6

1885 - 968 Seiten
...the plaintiff's petition ? The alleged causes' of demurrer are as follows: First. That the court has no jurisdiction of the person of the defendant or the subject of this action, for the reason th.'it the nature of the. allegations constituting the plaintiff's cause...
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