 | Abraham Clark Freeman - 1874 - 730 halaman
...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... | |
 | North Carolina. Supreme Court - 1875 - 694 halaman
...of the defendant, or the subject of the action. 2. That the plaintiff has no 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 the complaint does not state facts sufficient... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1875 - 724 halaman
...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... | |
 | John Norton Pomeroy - 1876 - 908 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, California] of parties plaintiff or defendant... | |
 | New York (State). - 1876 - 498 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... | |
 | California, Theodore Henry Hittell - 1876 - 986 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. That... | |
 | North Carolina. Supreme Court - 1876 - 676 halaman
...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 ;... | |
 | New York (State) - 1876 - 398 halaman
...femiantde Claim . manris an 1. That the court has not jurisdiction of the subject 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.... | |
 | Wyoming - 1876 - 882 halaman
...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 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... 
