 | Civil procedure - 1857 - 610 pages
...objection to the averment in the complaint being construed to be an assignment of the undertaking, is that it appears on the face of the complaint that there is a discrepancy between the parties to whom the undertaking is executed, and the parties who assign. IX.... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...1852, Bailey v. Easterly, 7 How. Pr., 495. 168. Parties living. It cannot be deemed to appear upon the face of the complaint that there is a defect of parties, unless the complaint shows that the party for whose non-joinder the demurrer is interposed was living... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1877 - 644 pages
...plaintiff should have commenced by ''special proceedings in the Probate Court " BUMPASS o. CHAMBERS. 2. On the ground that it appears on the face of the complaint that the plaintiff assented to the legacy. This is a fatal objection to plaintiff. It is well settled that... | |
 | William Wait - Civil procedure - 1873 - 950 pages
...want of jurisdiction relates to the person of the defendant or to the subject of the action. So, where the defendant demurs, on the ground that it appears...state whether it is a defect of parties plaintiff, or of parties defendant, upon which he relies. Getty v. Hudson River R- R- Go., 8 How. 177. When the demurrer... | |
 | Law reports, digests, etc - 1903 - 1174 pages
...character; and I do think that sections 483 and 499 of the Code, to the effect that, where It appears upon the face of the complaint that there is a defect of parties, the objection thereto must be taken by demurrer or answer, or else It will be deemed to have been waived... | |
 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1886 - 690 pages
...action. The defendants' administrators demur to the complaint upon the ground that it appears upon the face of the complaint that there is a defect of parties plaintiff or defendants, in that Charles N. Farnam, individually, and Sarah N. Burr and Mary N. Farnam, who in the... | |
 | Law reports, digests, etc - 1899 - 1140 pages
...Baruwell. To this complaint the defendant filed two de- i muiTors: "First. Because it appears upon the face of the complaint that there is a defect of parties plaintiff, in tha omission of the minor children of NB Barnwell as plaintiffs. Second. Because the complaint does... | |
 | Law reports, digests, etc - 1905 - 1190 pages
...verily believes, and accepted the trust created thereby." The appellants demurred to the complaint "upon the ground that It appears on the face of the complaint that there is a defect of parties defendant in the omission of Benjamin Rowe and Frederick Rowe as trustees by and under the last will... | |
 | Law reports, digests, etc - 1890 - 1110 pages
...there is a defect of parties defendant. Section 488 of the Code, allows the defendant to demur where it appears on the face of the complaint that there is a defect of parties plaintiff or defendant; and the question must be determined by section 452 of the Code, which provides that "where a complete... | |
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So, when the defendant demurs on the ground that it appears on the face of the complaint that there is a defect of parties... 
