 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - Broj stranica: 570
...answer. He can demur to the petition when it shall appear upon the face thereof, that the court has no jurisdiction of the person of the defendant, or the subject of the action, or that the plaintiff has not legal capacity to sue, or that there is another action pending between the... | |
 | Arkansas. Supreme Court - 1876 - Broj stranica: 650
...sec. Ill, Civil Code of Practice. The demurrer in this case does not specify that the court below had no jurisdiction of the person of the defendant, or the subject of the action, or that the plaintiff had not legal capacity to sue, or that there is another action pending between the... | |
 | 1848 - Broj stranica: 718
...causes for which a demurrer will lie are stated in the code, and are — jurisdiction of the court, of the person of the defendant, or the subject of the action — the want of legal capacity in the plaintiff to sue — the pendency of another action between the... | |
 | 1849 - Broj stranica: 716
....of the summons. A demurrer lies, where it appears upon the face of the petition that the court has no jurisdiction of the person of the defendant, or the subject of the action ; — that the plaintiff has not the legal capacity to sue ; — that there is another action pending... | |
 | Kentucky, Kentucky. General Assembly - 1851 - Broj stranica: 550
...demurrer. § 140. The defendant may demur to the petition, where it appears on its face, either 128 129 2. That the plaintiff has not legal capacity to sue...same parties, for the same cause; or 4. That there 13 a defect of parties, plaintiff or defendant; or 5. That the petition does not state facts sufficient... | |
 | Kentucky - 1851 - Broj stranica: 544
...where it appears on its face, either 128 2. That the plaintiff has not legal capacity to sue ; or 1851. 3. That there is another action pending between the...same parties, for the same cause; or 4. That there is u defect of parties, plaintiff or defendant ; or . 5. That the petition does not state facts sufficient... | |
 | 1851 - Broj stranica: 520
...is another action pending between the same parties for the same cause; or, " 1. That the court has no jurisdiction of the person of the defendant or the subject of the action ; or, " 4. That there is a defect of parties, plaintiff or defendant; or, "5. That several causes of action... | |
 | Nathan Howard (Jr.), New York (State). Supreme Court - 1851 - Broj stranica: 530
...rule. Section 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... | |
 | Henry Whittaker - 1852 - Broj stranica: 904
...laid down in Hornfager v. Hornfager, 6 How. 279 ; 1 CR (NS) 412 : " When it appears by the complaint, that there is another action pending between the same parties for the same cause, the remedy is by demurrer. When any of the matters, enumerated in section 141, do not appear... | |
 | 1852 - Broj stranica: 446
...defendant may Faimers' Loan and Trust Co. v. Hunt. demur, if it appears, on the face of the complaint, that there is another action pending between the same parties for the same cause ; and § 147 permits the objection to be taken by answer where it does not appear on the... | |
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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. 
