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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... "
The American and English Encyclopedia of Law - Halaman 493
diedit oleh - 1892
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Laws of the State of New York, Volume 2

New York (State) - 1877 - 572 halaman
...the face of the counterclaim : judg- i. That the court has not jurisdiction of the subject meut. ' thereof. 2. That the defendant has not legal capacity...for the same cause. 4. That the counterclaim is not of the character specified in section 501 of this act. 5. That the counterclaim does not state facts...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - 1877 - 662 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,...
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Acts of the State of Ohio, Volume 75

Ohio - 1878 - 1364 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 misjoinder of parties plaintiff. 5. That there is a defect of parties, plaintiff or defendant....
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The Code of Civil Procedure of North Carolina: With Notes and Decisions

North Carolina, Albion W. Tourgée - 1878 - 484 halaman
...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...
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A Treatise on Pleading and Practice Under the Indiana Code of Procedure ...

Asa Iglehart - 1879 - 1048 halaman
...defendant or the subject matter of the action; or, 2. That the plaintiff has no 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 the complaint...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 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,...
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The Code of Procedure of the State of South Carolina, Originally Adopted ...

South Carolina, Robert A. Lynch - 1880 - 256 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 causes...
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The Federal Reporter: Cases Argued and Determined in the ..., Volume 111-112

1902 - 2074 halaman
...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...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 halaman
...where one or more of the following objections thereto, appear on the 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 game parties, for the same cause. 4. That the counterclaim...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1881 - 588 halaman
...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...
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