 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
 | 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 - 1889 - 680 páginas
...The 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 the subject of the action." The rule is universal as applied to courts of general jurisdiction, and especially in matters which... | |
 | 1890 - 1178 páginas
...day of February. 1889, to which the defendant demurred, and assigned for cause the following grounds: "(1) That the court has no jurisdiction of the person of the defendant or the subject of this proceeding. (2) That the plaintiff has no legal capacity to sue, in this : that the said writ... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1890 - 840 páginas
...that, failing so to do," cause be shown, etc. In each case there was a demurrer upon these grounds : 1, The court has no jurisdiction of the person of the defendant or of the subject of the proceeding ; 2, The plaintiff has no legal capacity to sue ; 3, The petition... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1890 - 828 páginas
...that, failing so to do," cause be shown, etc. In each case there was a demurrer upon these grounds : 1, The court has no jurisdiction of the person of the defendant or of the subject of the proceeding; 2, The plaintiff has no legal capacity to sue; 3, The petition and... | |
 | Washington (State) - 1891 - 498 páginas
...thereof shall be stated. SEC. 2. Section 77 of said code of 1881 is amended to Demurrer. read as follows: The defendant may demur to the complaint when it shall...no jurisdiction of the person of the defendant or of the subject matter of the action. 2. That the plaintiff has no legal capacity to sue; or—3. That... | |
 | 1891 - 932 páginas
...the said complaint does not state facts sufficient to constitute a cause of action. 2. "That the said court has no jurisdiction of the person of the defendant or the subject of the action." The demurrer was sustained by the court below "on. the ground that the court has no jurisdiction."... | |
 | Samuel Maxwell - 1892 - 932 páginas
...the plaintiff for the following cause (or causes), which appear on the face of the petition. First. The court has no jurisdiction of the person of the defendant (or the subject of the action). Second. The plaintiff has not legal capacity to sue. Third. There is another action pending between... | |
 | Austin Abbott - 1892 - 614 páginas
...constitution, which preserves the existing jurisdiction of the court. Demurrer to complaint on the ground that the court has no jurisdiction of the person of the defendant or the subject of the action, and that the complaint does not state facts sufficient to constitute a cause of action. ER Terry, for... | |
 | United States. Supreme Court - 1892 - 760 páginas
...defendant may demur to the petition for certain matters appearing on its face, among which are " that the court has no jurisdiction of the person of the defendant, or the subject of the action," and " that the petition does not state facts sufficient to constitute a cause of action ; " and by... | |
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