 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. That...  Wisconsin Session Laws - Página 131por Wisconsin - 1853Visualização integral - Acerca deste livro
 | North Carolina. Supreme Court - 1876 - 676 páginas
...It is not so alleged in the pleadings. The provision in CCP, sec. 95, allowing as cause for demurrer that there is another action pending between the same parties for the same cause must be confined to the Courts of the State, where the remedies are precisely the same ;... | |
 | New York (State), William Wait - 1877 - 662 páginas
...of the subject thereof. ment2. That the defendant has not legal capacity to recover upon the same. 3. That there is another action pending between the same parties, for the same cause. 4. That the counterclaim is not of the character specified in sec. tion 501 of this act.... | |
 | North Carolina, Albion W. Tourgée - 1878 - 484 páginas
...made, was brought in the name of the state to the use of such party. Peebles «. Newsom, 74—478. 3. That there is another action pending between the same parties for the same cause ; or, The pending of a former action, between the same parties for the same cause, is a good defence in a... | |
 | Ohio - 1878 - 1364 páginas
...jurisdiction of the subject thereof. 2. That the defendant has not legal capacity to recover upon the same. 3. That there is another action pending between the same parties, for the same cause. 4. That the counterclaim is not of the character specified in section sixteen of this chapter.... | |
 | New York (State) - 1879 - 436 páginas
...femiantde2. That the defendant has not legal capacity to recover upon the 3S"mat^e game. judgment. 3. That there is another action pending between the same parties, for the same cause. 4. That the counterclaim is not of the character specified in section five hundred and... | |
 | Asa Iglehart - 1879 - 1048 páginas
...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. 4. That there is a defect of parties plaintiff (or defendant). 5. That the complaint does... | |
 | California - 1880 - 864 páginas
...That the court lias 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;...parties for the same cause; or, 4. That there is a dnfect or misjoinder of parties plaintiff or defendant; or, 5. That several causes of action have been... | |
 | California, Nathan Newmark - 1880 - 768 páginas
...That the court lias 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;...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;... | |
 | 1902 - 2074 páginas
...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... | |
 | Idaho (Ter.) - 1881 - 588 páginas
...1. That the Court has no jurisdiction of the person of the defendant or the subject of 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... | |
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