 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...demurrer, or an answer. He can demur to the petition when it shall appear upon the face thereof, that the court has no jurisdiction of the person of 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... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...sec. Ill, Civil Code of Practice. The demurrer in this case does not specify that the court below had no jurisdiction of the person of 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... | |
 | Missouri - 1848 - 718 pages
...causes for which a demurrer will lie are stated in the code, and are — jurisdiction of the court, of the person of the defendant, or the subject of the action — the want of legal capacity in the plaintiff to sue — the pendency of another action between the... | |
 | Commerce - 1849 - 716 pages
...the return day .of the summons. A demurrer lies, where it appears upon the face of the petition that the court has no jurisdiction of the person of the defendant, or the subject of the action ; — that the plaintiff has not the legal capacity to sue ; — that there is another action pending... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...the complaint. wh«. the 6 144. The defendant may demur to the complaint, when defendant ' may de- it shall appear upon the face thereof, either : 1. That...no jurisdiction of the person of the defendant, or $he subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there... | |
 | Law - 1851 - 520 pages
...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 of the action ; or, " 4. That there is a defect of parties, plaintiff or defendant; or, "5. That several causes of action... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...copy of the complaint. mm *• § 144. The defendant may demur to the complaint, when «,«y <ie- it shall appear upon the face thereof, either : 1. That the court has no jurisdiction of the person ol the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...the time required in the summons to answer, when it appears upon the face thereof, either : 1st. That the court has no jurisdiction of the person of the 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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...subdivisions of the section mentioned. Thus, the defendant is authorized to demur when it appears " that the court has no jurisdiction of the person of the defendant, or the subject of the action " In a demurrer for want of jurisdiction it would, undoubtedly, be necessary for the defendant to state... | |
 | Jesse B. Hart - Civil procedure - 1853 - 334 pages
...them, and answer the rest, at the same time, or he may demur to all. The defendant can demur where the court has no jurisdiction of the person of the defendant, or the subject matter of the action. That the plaintiff has not legal capacity to sue, that there is another action... | |
| |
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. 
