 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; or, 2. That...  Wisconsin Session Laws - Page 131by Wisconsin - 1853Full view - About this book
 | 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 not state facts... | |
 | 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 sufficiency... | |
 | Kentucky - Law - 1851 - 548 pages
...demurrer. § 140. The defendant may demur to the petition, where it appears on its face, either 128 129 2. That the plaintiff has not legal capacity to sue...same parties, for the same cause; or 4. That there 13 a defect of parties, plaintiff or defendant; or 5. That the petition does not state facts sufficient... | |
 | Law - 1851 - 520 pages
...144. The defendant may demur to the complaint, when it shall appear upon the face thereof, either— " 2. That the plaintiff has not legal capacity to sue;...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 of the action... | |
 | Kentucky - Session laws - 1851 - 544 pages
...where 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 does not state facts sufficient... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...rule. Section 144 allows the defendant to demur to the complaint when it appears on the face thereof that there is another action pending between the same parties for the same cause of action and § 147 allows the objection to be taken by answer when it does not appear... | |
 | Civil procedure - 1852 - 446 pages
...defendant may Faimers' Loan and Trust Co. v. Hunt. demur, if it appears, on the face of the complaint, that there is another action pending between the same parties for the same cause ; and § 147 permits the objection to be taken by answer where it does not appear on the... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...Luán and Trust Co., v. Hunt. I Code Rep. 1ST. S., 1. Where it appears on the face of the complaint that there is another action pending between the same parties for the same cau«e, the remedy is by demurrer. Where it does not appear on the face of the complaint that... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...laid down in Hornfager v. Hornfager, 6 How. 279 ; 1 CR (NS) 412 : " When it appears by the complaint, that there is another action pending between the same parties for the same cause, the remedy is by demurrer. When any of the matters, enumerated in section 141, do not appear... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...defendant, or the subject of the action ; or, 2d. That the plaintiff has not legal capacity to sue ; or, 3d. That there is another action pending between the same parties for the same cause ; or, 4th. That there is a defect of parties, plaintiff or defendant ; or, 5th. That several causes of action... | |
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