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
| 1884 - 934 páginas
...action, be taken as true. By the same statute it is enacted that the defendant may demur to the petition when it shall appear upon the face thereof, either...jurisdiction of the person of the defendant or the subject matter of the action.- (2) That the plaintiff has not legal capacity to sue. (3) That there is another... | |
| North Carolina, Walter Clark - 1884 - 550 páginas
...v. Tate, 77—120 ; Tate v. Phillips, 77 — 126. • Sec. 239. When defendant may demur. CCP,8.95. The defendant may demur to the complaint when it shall appear upon the face thereof, either: ' What ilnn nrr:i Mr. — A demurrer can only be sustained for one of the causes of demurrer specifically... | |
| 1885 - 968 páginas
...in error to the plaintiff's petition ? The alleged causes' of demurrer are as follows: First. That the court has no jurisdiction of the person of the defendant or the subject of this action, for the reason th.'it the nature of the. allegations constituting the plaintiff's cause... | |
| Arizona. Supreme Court, F. P. Dann, Ernest William Lewis, James R. Dunseath - 1884 - 542 páginas
...raised. Section 144 of the New York code prescribes the first and sixth grounds for demurrer as follows: 1. That the court has no jurisdiction of the person of the defendant or of the subject of the action. 6. That the complaint does not state facts sufficient to constitute a... | |
| 1890 - 1182 páginas
...appellant, etc. Defendant demurred. The grounds of demurrer assigned were: (1) That the court lias no jurisdiction of the person of the defendant, or the subject of the action; (2) that the complaint herein does not state facts sufficient to constitute a cause of action; (3)... | |
| North Carolina. Supreme Court - 1884 - 738 páginas
...dismiss. Under section 239 of THE CODE, the defendant may demur to the complaint on the ground that the court has no jurisdiction of the person of the defendant, or of the sabject of the action, and, "that the complaint does not state facts sufficient to constitute... | |
| 1899 - 1156 páginas
...court had no jurisdiction. No other reasons are suggested. In his demurrer he stated as one ground that "the court has no jurisdiction of the person of the defendant, or of the subject of the action." As he also demurred for insufficiency of the statement of facts, the... | |
| 1888 - 956 páginas
...defendant may demur to the complaint when it appears upon the face thereof, either — First, that the court has no jurisdiction of the person of the defendant or of the subject of the action." The rule is universal, as applied to courts of general jurisdiction,... | |
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