 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 ; 2.  The Jurist - Página 2221850Vista completa - Acerca de este libro
 | New York (State). Court of Common Pleas (City and County of New York) - 1860 - 662 páginas
...county of New York, or within the jurisdiction of this court. The answer to this proposition is simple. The defendant may demur to the complaint when it shall appear upon the face thereof that the court has no jurisdiction of the defendant, or the subject of the action. Code, § 144. And... | |
 | North Dakota - 1862 - 640 páginas
...what"ii •peclfy r < SECT. 84. The defendant may demur to the petition only when it appears on its face, either : 1. That the court has no jurisdiction of...person 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... | |
 | Oliver Lorenzo Barbour - 1862 - 714 páginas
...demurrer were assigned in each demurrer, viz: that it appeared upon the face of the complaint—1st. That the court has no jurisdiction of the person of the defendant or of the subject of the action. 2d. That the plaintiff has not legal capacity to sue. 3d. That there... | |
 | Henry Whittaker - 1863 - 1154 páginas
...repeat her That section runs thus : § 144. (1'22.) The defendant may demur to the complaint when it sha appear upon the 'face thereof, either — 1. That...has no jurisdiction of the person of the defendant, < the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, the latter... | |
 | Oliver Lorenzo Barbour - 1863 - 732 páginas
...recover. The defendant demurred to the complaint, because it appears upon the face thereof, 1st. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; 2d. That there is a defect of parties plaintiff and defendant ; 3d. That several causes of action... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 páginas
...demur to the reply. Code of Pro., § 880. 2. Demurrer. A. In what Cases it Lies. (i. In general. 148. The defendant may demur to the complaint when it shall...upon the face thereof, either — 1. That the court hag no jurisdiction of the person of the defendant, or the subject of the action ; or. 2. That the... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1864 - 674 páginas
...without unnecessary repetition," and the relief demanded, &c. By section one hundred and forty-four, the defendant may demur to the complaint when it shall appear upon the face thereof that it does not state facts sufficient to constitute a cause of action. These general rules of pleading... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - 1864 - 772 páginas
...demurred to the complaint upon the alleged ground that it appeared upon the face of the complaint : 1. That the Court has no jurisdiction of the person of the defendants or the subject of the action. 2. That the complaint does not state facts sufficient to constitute... | |
 | Idaho, Idaho Territory - 1866 - 534 páginas
...time required in the summons to answer, when it appears upon the face thereof, either : First. That the court has no jurisdiction of the person of the defendant, or the subject matter of the action ; or, Second. That the plaintiff has not legal capacity to sue ; or, Third. That... | |
 | 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 páginas
...section 50 specifies the causes for which a demurrer may be filed, among which are the following : " 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action. " 2. That the plaintiff has not legal capacity to sue. Thempson v. Greenwood. "3. That there is another... | |
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