 | Montana - 1866 - 802 halaman
...subject of the action ; or, Second, that the plaintiff has not the legal capacity to sue ; or, 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 ;... | |
 | New York (State) - 1867 - 1086 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 detect of parties, plaintiff or defendant.; or, 5. That several... | |
 | John Townshend - 1867 - 298 halaman
...defendant, o"r 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... | |
 | 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 - 1868 - 622 halaman
...subject of the action. " 2. That the plaintiff has not legal capacity to sue. Thempson v. Greenwood. "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." 2 G. & H. 77. All of these objections relate... | |
 | South Carolina - 1868 - 942 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... | |
 | New York (State) - 1869 - 1002 halaman
...defendant, or the subject of the action ; or 2. That the plaintiff has not legal capacity to sue ; or s. 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... | |
 | Nathan Howard (Jr.) - 1869 - 670 halaman
...1868. E. DELAFIELD SMITH, for plaintiff. DD LORD, for defendant. BARRETT, J. The point is well taken, that there is another action pending between the same parties, for the same cause of action, (Code § 144, sub. 3.) The special averments contained in the present complaint,... | |
 | New York (State), John Townshend - 1870 - 896 halaman
...defendant, or the subject of the action ; or, 2. That the plaintiif has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the ьате cause ; or, 4. That there is a defect of parties, plaintiif or defendant ; or, 5. That several... | |
 | Utah (Ter.) - 1870 - 162 halaman
...subject of the action; or, Second — That the, plaintiff has not legal capacity to sue; or, Third — that there is another action pending between the same parties for the same cause; or, Fourth — There is a defect or misjoinder of parties, plaintiff or defendant; or,... | |
 | New York (State), William Wait - 1871 - 1034 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... | |
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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... 
