 | Nathan Howard (Jr.) - 1851 - Broj stranica: 530
...144 allows the defendant to demur to the complaint when it appears on the face thereof that there is another action pending between the same parties for the same cause of action and § 147 allows the objection to be taken by answer when it does not appear on the face of the complaint.... | |
 | Benjamin Vaughan Abbott - 1859 - Broj stranica: 580
...legal capacity to sue, in that it was dissolved on the 7th of December, 1855, by the Supreme Court. 2. That there was another action pending between the same parties for the same cause, as appeared in the complaint. 3. That there was a defect of parties plaintiffs in making... | |
 | New York (State). Commissioners - 1860 - Broj stranica: 272
...jurisdiction of the subject of this action, or, the plaintiff has not legal capacity to sue, or, there is another action pending between the same parties for the same cause of action, or, there is a defect of parties, plaintiff [or, defendant] in the omission of [naming him], or, several... | |
 | New York (State). Commissioners of the Code - 1861 - Broj stranica: 292
...legal capacity to sue, [being an infant and no guardian having been appointed for him,J or, there is another action pending between the same parties for the same cause of action, ...or, there is a defect of parties, plaintiff [or, defendant] in the omission of [naming him,] or,... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - Broj stranica: 810
...148), — which allows defendant to demur when it appears on the face of the complaint that there is another action pending between the same parties for the same cause of action, — and section 147, — which allows the objection to be taken by auswer when it does not appear on... | |
 | Nathan Howard (Jr.) - 1869 - Broj stranica: 670
...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, and the extended relief... | |
 | United States. Supreme Court - 1874 - Broj stranica: 738
...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.) That several causes... | |
 | Iowa. Supreme Court - 1877 - Broj stranica: 776
...unwisely, provides murrer: an- , . ., , , , other action, that the defendant may demur when there is another action pending between the same parties for the same cause of action. Citing section 2648. This is true; but the same section provides that the defendant may demur to the... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1881 - Broj stranica: 694
...construed in Swords agt. Owen (43 How. Pr., 176) and Wood agt. Erie Railroad Company (8 Hun, 648). 2. That there was another action pending between the same parties for the same cause. The objections were overruled and judgment was directed for $1,710.49, with costs. The... | |
 | 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 - 1882 - Broj stranica: 684
...the subject of the action. "2d. That the plaintiff has not legal capacity to sue. "3d. That there is another action pending between the same parties for the same cause of action. "4th. That there is a defect of parties plaintiffs. " 5th. That there is a defect of parties defendants.... | |
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... another action pending between the same parties for the same cause... 
