 | California - 1872 - 774 halaman
...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 of parties plaintiff or defendant; or, 5.... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - 1872 - 886 halaman
...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, 1 That there is a defect or misjoinder of parties plaintiff orjdefendant; or, 5. That... | |
 | South Carolina - 1873 - 1164 halaman
...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... | |
 | Nevada. Supreme Court - 1873 - 436 halaman
...: 1 — That said complaint does not state facts sufficient to constitute a cause of action; 2 — That there is another action pending between the same parties for the same cause ; 3 — That there is a defect and misjoinder of parties defendant. Defendant Groves denmrred... | |
 | New York (State), John Townshend - 1873 - 960 halaman
...Abb. 191). Note to subdivision 8. d. Action pending. — Where it appears on the face of the complaint that there is another action pending between the same parties for the same cause, the remedy is by demurrer (Burrties v. Miller, 5 How. 51 ; see Bithop v. Bithop, 7 Rob.... | |
 | British Guiana - 1873 - 660 halaman
...plaintiff's attorney or agent is not duly authorised to sue in his name or on his behalf; or, fifthly, that there is another action pending between the same parties, for the same cause; or, sixthly that the same cause of action has been tried between the same parties, and... | |
 | William Wait - 1873 - 950 halaman
...Where another action is pending. The defendant may demur when it appears upon the face of the complaint that there is another action pending between the same parties for the same cause. Code, § 144, subd. 3 ; Bishop v. Bishop, 7 Rob. 194. But it must appear that such other... | |
 | Ohio, George E. Seney - 1874 - 896 halaman
...of 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 action are improperly... | |
 | United States. Supreme Court - 1874 - 738 halaman
...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.)... | |
 | Wyoming - 1874 - 302 halaman
...the subject of the action; or, St'coml, That the plaintiff has not the legal capacity to sue ; Third, That there is another action pending between the same parties for the same cause ; or, Fourth, That there is a defect or misjoinder of parties, plaintiff or defendant ;... | |
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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. That... 
