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" ... 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties for the same cause... "
Miscellaneous Reports. Cases Decided in the Courts of Record of the State of ... - Page 162
by New York (State). Courts - 1899
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Southern Quarterly Review, Volume 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...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...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 28

Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...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...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848 - 672 pages
...defendant, or the subject of the action; or 2. That the plaintiff has not legal capacity to sue ; or 3. That there is another action pending between the same parties, for the same cause ; or 4. That there is a defect of parties, plaintiff or defendant ; or 5. That several causes...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...defendant, or the subject of the action ; or 2. That the plaintiff has not legal capacity to sue ; or 3. That there is another action pending between the same parties, for the same cause ; or 4. That there is a defect of parties, plaintiff or defendant ; or 5. That several causes...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...defendant, or the subject of the action : or, 2. That the plaintiff has not legal capacity to sue : or, 3. That there is another action pending between the same parties, for the same cause : or, 4. That there is a defect of parties, plaintiff or defendant: or, 5. That several...
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The Jurist, Volume 13, Part 2

Law - 1850 - 556 pages
...defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties, for the same cause ; or, 4. That there is a defect of parties, plaintiff or defendant; or, 5. That several...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...appear upon the face thereof, either— " 2. That the plaintiff has not legal capacity to sue; or, " 3. That there is another action 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...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties, for the same cause ; or, 4. That there is a defect of parties, plaintiff or defendant; or, 5. That several...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...it appears on its face, either 128 129 2. That the plaintiff has not legal capacity to sue ; or 3. That there is another action pending between the same parties, for the same cause; or 4. That there 13 a defect of parties, plaintiff or defendant; or 5. That the petition...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...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...
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