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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 ; or, 2. "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Página 366
por 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 - 1855
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Southern Quarterly Review, Volume 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 páginas
...demurrer, or an 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...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 28

Arkansas. Supreme Court - 1876 - 650 páginas
...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...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 páginas
...defendant may demur to the complaint, when when deit shall appear 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 2. That the plaintiff has not legal capacity to sue ; or 3. That there is another action pending between...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 páginas
...defendant 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 the subject of the action ; or 2. That the plaintiff has not legal capacity to sue ; or 3. That there is another action pending between...
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The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Volume 1

1848 - 718 páginas
...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...
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Merchants' Magazine and Commercial Review, Volume 21

1849 - 716 páginas
...the return day .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...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 páginas
...twenty days after the service of a copy thereof, 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, 2. That the plaintiff has not legal capacity to sue : or, 3. That there is another action pending between...
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Jurist: Containing Reports of All Cases Determined in Law ..., Volume 13,Parte 2

1850 - 566 páginas
...defendant 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 the subject of the action; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 páginas
...The defendant 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 the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14;Volume 45

1851 - 518 páginas
...3. That there 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...
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