 ... 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
 | New York (State) - 1876 - 398 páginas
...thereof. affirmative 2. That the defendant has not legal capacity to recover upon the JU gmtu ' 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 five hundred and... | |
 | New York (State), William Wait - 1877 - 662 páginas
...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
...a defect of parties, plaintiff or defendant, and he may set up either nonjoinder or misjoinder; 5. That there is another action pending between the same parties for the same cause. 2 Misnomer, inisdescription., the death of the parties, and the like, may still be regarded... | |
 | South Carolina, Robert A. Lynch - 1880 - 256 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... | |
 | 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
...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... | |
 | Nebraska, Guy Ashton Brown - 1881 - 842 páginas
...defendant, or the subject of the action. Second. That the plaintiff has not legal capacity to sue. Third. That there is another action pending between the same parties for the same cause. Fourth. That there is a defect of parties, plaintiff or defendant. Fifth. That several... | |
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