 ... 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 the same parties for the same cause...  Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Página 366por 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 - 1855Visualização integral - Acerca deste livro
 | Ohio, George E. Seney - 1874 - 896 páginas
...the fendant, or the subject 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 several causes of... | |
 | Abraham Clark Freeman - 1874 - 730 páginas
...some other matter must be affirmatively stated, as that the plaintiff has no legal capacity to sue, or that there is another action pending between the same parties for the partition of the same property.' "Any party appearing may plead either separately or jointly with one... | |
 | United States. Supreme Court - 1874 - 738 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 of action in the State. (4.) That there is a defect of parties plaintiff or defendant. (5.)... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1875 - 724 páginas
...defendant or the subject of the action ; or, 2. That the plaintiff has not legal rapacity to sue ; or, 3. That there is another action pending between the same parties for the same cause; or, 4. That there ¡в a defect of parties, plaintiffs or defendants ; or, 5. That the petition does not... | |
 | Wyoming - 1876 - 882 páginas
...the subject of the action ; or, Second, That the plaintiff has not the legal capacity to sue : Tnird, That there is another action pending between the same...the same cause ; or, Fourth, That there is a defect or misjoinder of parties, plaintiff or defendant ; or, Fifth, That several causes of action have been... | |
 | New York (State). - 1876 - 498 páginas
...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 the same parties, for the same cause; or, 4. That there is a defect of parties, plaintiff or defendant ; or, 5. That several causes of action... | |
 | California, Theodore Henry Hittell - 1876 - 986 páginas
...defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. , it must be by the affidavit of a party, unless the parties are absent from the coun 4. That there is a defect or misjoinder of parties plaintiff or defendant; or, 5. That several causes... | |
 | John Norton Pomeroy - 1876 - 924 páginas
...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 the same parties for the same cause ; or, 4, that there is a defect [or misjoinder, California] of parties plaintiff or defendant ; or, 5, that... | |
 | 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 ;... | |
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