 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1888 - 710 halaman
...the first ground is not maintainable, and they deny that the second ground is correct. The defense " that there is another action pending between the same parties for the same cause," under the Code of this State, is made applicable to suits in equity as well as actions... | |
 | Indiana - 1888 - 1024 halaman
...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 the complaint... | |
 | 1917 - 1214 halaman
...demurred to the counterclaim set up in the defendant's answer upon several grounds, but more particularly (2) that the defendant has not legal capacity to recover upon the cause of action set up in the counterclaim, but that such right of action, if it exists at all, exists... | |
 | New York (State), Charles David Rust - 1889 - 864 halaman
...where one or more of the following objections thereto, appear uu lie face of the counterclaim : 1. That the court has not jurisdiction of the subject...defendant has not legal capacity to recover upon the same. 8. That there is another action pending between the same parties, for the same cause. 4. That the counterclaim... | |
 | Burnett, Howard D. - 1922 - 438 halaman
...jurisdiction of the subject of the action; ... ' 3. That the plaintiff has no legal capacity to sue; 4. That there is another action pending between the same parties for the same cause; , ."; ,' 5. That there is a misjoinder of parties plaintiff or defendant; 6. That there... | |
 | California - 1923 - 600 halaman
...of the defendant, 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 or misjoinder of parties plaintiff or defendant ; 5. That several causes of action... | |
 | California - 1923 - 952 halaman
...of the defendant, 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 or misjoinder of parties plaintiff or defendant; 5. That several causes of action... | |
 | California. District Courts of Appeal - 1923 - 932 halaman
...to foreclose. Section 430 of the Code of Civil Procedure provides that a defendant may demur, "... 3. That there is another action pending between the same parties for the same cause ..." Section 433 of the Code of Civil Procedure provides: "When any of the matters enumerated... | |
 | 1920 - 216 halaman
...jurisdiction of the subject of the action. 3. That the plaintiff has not legal capacity to sue. 4. That there is another action pending between the same parties for the same cause. 5. That there is a misjoinder of parties plaintiff. 6. That there is a defect of parties... | |
 | Austin Wakeman Scott - 1924 - 616 halaman
...jurisdiction of the subject of the action. 3. That the plaintiff has not legal capacity to sue. 4. That there is another action pending between the same parties for the same cause. 5. That there is a misjoinder of parties plaintiff. 6. That there is a defect of parties... | |
| |
... 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... 
