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" To this petition defendant filed his demurrer for that, "first, the said petition does not state facts sufficient to constitute a cause of action in favor of the plaintiff and against the defendant; and, second, said petition does not state facts sufficient... "
Annual Report of the Isthmian Canal Commission ... - Página 91
por Isthmian Canal Commission (U.S.) - 1905
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Cases Decided in the United States Court of Claims ... with ..., Volume 116

United States. Court of Claims, Audrey Bernhardt - 1950 - 1004 páginas
...California, Central Division. The defendant demurs to the petition on the ground that the facts alleged in the petition are not sufficient to constitute a cause of action. From the allegations of the petition it appears that on June 25, 1946, the plaintiff, upon her arrival...
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Albany Law Journal, Volume 44

1892 - 554 páginas
...governing the legal rights of the public in the highways, reached the conclusion that the facts set forth in the petition are not sufficient to constitute a cause of action. We are of the opinion that there bas been no invasion of the rights of the telegraph association by...
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Reports of Cases in the Supreme Court of Nebraska, Volume 8

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1879 - 658 páginas
...where no objection is made until after the rendition of the judgment. It is claimed that the facto stated in the petition are not sufficient to constitute a cause of action. Much stress is laid upon the fact that it is not alleged that the undertaking waa written, nor that...
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The Pacific Reporter, Volume 185

1920 - 1148 páginas
...demurrer to the petition of plaintiff on the grounds that the allegations set forth In said petition were not sufficient to constitute a cause of action in favor of the plaintiff and against the defendant. On the 10th day of February, 1916, the demurrer was overruled and exceptions taken....
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McClain's Annotated Statutes of the State of Iowa: Showing the ..., Volume 2

Iowa, Emlin McClain - 1884 - 940 páginas
...thereof. and number same. U. ) 2877. 0. '51, g 1754. Demurrer in an action at law, that the matters stated in the petition "are not sufficient to constitute a cause of action," should be disregarded as not sufficiently specific: McLaugMin r. Bascomb, 36-593 ; Singer v. Carers,...
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The American Reports: Containing All Decisions of General ..., Volume 49

Isaac Grant Thompson - 1885 - 912 páginas
...granted. The grounds of the demurrer are: 1st. That the plaintiff has not legal capacity to sue; and 3d. That the facts stated in the petition are not sufficient to constitute a cause of action. It is alleged in the petition that in May, 1880, the defendant in error (the plaintiff below) "became...
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The Northeastern Reporter, Volume 72

1905 - 1204 páginas
...facts stated In the complaint are admitted by the demurrer, and the question is whether those facts constitute a cause of action in favor of the plaintiff and against the demurring defendant. It la therefore necessary to get a clear conception of the case which is made...
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The Northwestern Reporter, Volume 28

1886 - 1058 páginas
...to pleadings, by objecting to the introduction of any testimony on the ground that the facts alleged in the petition are not sufficient to constitute a cause of action, or, as it is usually expressed, that the petition does not state a cause of action, is one not very...
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The Southwestern Reporter, Volume 149

1912 - 1344 páginas
...Judgment. On the 8th of August, 1910, the Saline County Bank filed a demurrer to the petition, setting up that the facts stated in the petition are not sufficient to constitute a cause of action; that the court had no jurisdiction ; that intervener had a complete and adequate remedy at law ; that...
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A Digest of the Decisions of the Supreme Court of Iowa from Its ..., Volume 2

Emlin McClain - 1887 - 1102 páginas
...3 G. Gr., 564 ; Traders' Bank v. Alsop, 64-97. 670. A demurrer in an action at law that the matters stated in the petition are not sufficient to constitute a cause of action or to entitle plaintiff to recover is not sufficiently specific and should be disregarded: Crouch v....
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