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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... "
Wisconsin Session Laws - Stran 131
avtor: Wisconsin - 1853
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Southern Quarterly Review, Količina 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 strani
...the defendant, or the subject of the action, or that the plaintiff has not legal capacity to sue, or that there is another action pending between the same parties, for the same cause, or that there is a defect of parties, plaintiff or defendant, or that the petition does not state facts...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Količina 28

Arkansas. Supreme Court - 1876 - 650 strani
...the defendant, or the subject of the action, or that the plaintiff had not legal capacity to sue, or that there is another action pending between the same parties for the same cause, or that there was a defect of parties, etc. The demurrer, therefore, only goes to the legal sufficiency...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Količina 1

Kentucky - 1851 - 548 strani
...demurrer. § 140. The defendant may demur to the petition, where it appears on its face, either 128 129 2. That the plaintiff has not legal capacity to sue...same parties, for the same cause; or 4. That there 13 a defect of parties, plaintiff or defendant; or 5. That the petition does not state facts sufficient...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Količina 14;Količina 45

1851 - 518 strani
...144. The defendant may demur to the complaint, when it shall appear upon the face thereof, either— " 2. That the plaintiff has not legal capacity to sue;...pending between the same parties for the same cause; or, " 1. That the court has no jurisdiction of the person of the defendant or the subject of the action...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 strani
...where it appears on its face, either 128 2. That the plaintiff has not legal capacity to sue ; or 1851. 3. That there is another action pending between the...same parties, for the same cause; or 4. That there is u defect of parties, plaintiff or defendant ; or . 5. That the petition does not state facts sufficient...
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Practice Reports in the Supreme Court and Court of Appeals, Količina 5

Nathan Howard (Jr.) - 1851 - 530 strani
...rule. Section 144 allows the defendant to demur to the complaint when it appears on the face thereof that there is another action pending between the same parties for the same cause of action and § 147 allows the objection to be taken by answer when it does not appear...
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Reports of Decisions on the Code of Procedure, New Series, Količina 1

1852 - 446 strani
...defendant may Faimers' Loan and Trust Co. v. Hunt. demur, if it appears, on the face of the complaint, that there is another action pending between the same parties for the same cause ; and § 147 permits the objection to be taken by answer where it does not appear on the...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 strani
...Luán and Trust Co., v. Hunt. I Code Rep. 1ST. S., 1. Where it appears on the face of the complaint that there is another action pending between the same parties for the same cau«e, the remedy is by demurrer. Where it does not appear on the face of the complaint that...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 strani
...laid down in Hornfager v. Hornfager, 6 How. 279 ; 1 CR (NS) 412 : " When it appears by the complaint, that there is another action pending between the same parties for the same cause, the remedy is by demurrer. When any of the matters, enumerated in section 141, do not appear...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 strani
...defendant, or the subject of the action ; or, 2d. That the plaintiff has not legal capacity to sue ; or, 3d. That there is another action pending between the same parties for the same cause ; or, 4th. That there is a defect of parties, plaintiff or defendant ; or, 5th. That several causes of action...
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