 | Nebraska, Guy Ashton Brown - Law - 1881 - 842 pages
...The defendant may demur to the petition only when it appears on its face : Either — -First. That the court has no jurisdiction of the person of the defendant, or the subject of the action. Second. That the plaintiff has not legal capacity to sue. Third. That there is another action pending... | |
 | John Bouvier - Law - 1882 - 812 pages
...defendant is either a demurrer or an answer. g 144. [122J The defendant may demur to the complaint when it shall appear upon the face thereof either, 1. That...That the plaintiff has not legal capacity to sue; or, 8. That there is another cause of action pending between the same parties for the same cause ; or,... | |
 | Iowa, Emlin McClain - Law - 1884 - 940 pages
...2MG3, 296 1. SEC. 2G4S. The defendant may demur to the petition only whore it appears on its face, either: 1. That the court has no jurisdiction of the...is another action pending between the same parties fo&the same cause; or, 4. That there is a defect of parties, plaintiffs or defendants; or, 5. That... | |
 | Law reports, digests, etc - 1913 - 1154 pages
...defendant may demur to the complaint, within the time required by law to appear and answer, when it appears upon the face thereof either: (1) That the court has...of the defendant or the subject of the action; or that (2) the plaintiff has not legal capacity to sue; or * * * (6) that the complaint does not state... | |
 | Law reports, digests, etc - 1884 - 934 pages
...taken as true. By the same statute it is enacted that the defendant may demur to the petition when it shall appear upon the face thereof, either — (1)...jurisdiction of the person of the defendant or the subject matter of the action.- (2) That the plaintiff has not legal capacity to sue. (3) That there is another... | |
 | Law reports, digests, etc - 1885 - 968 pages
...in error to the plaintiff's petition ? The alleged causes' of demurrer are as follows: First. That the court has no jurisdiction of the person of the defendant or the subject of this action, for the reason th.'it the nature of the. allegations constituting the plaintiff's cause... | |
 | Law reports, digests, etc - 1890 - 1182 pages
...appellant, etc. Defendant demurred. The grounds of demurrer assigned were: (1) That the court lias no jurisdiction of the person of the defendant, or the subject of the action; (2) that the complaint herein does not state facts sufficient to constitute a cause of action; (3)... | |
 | North Carolina, Walter Clark - Civil procedure - 1884 - 550 pages
...decides the case unless leave is obtained to put in an answer. Love v. Com'rs of Chatham Co., 64 — 706. (1). That the court has no jurisdiction of the person of the defendant, or of the subject of the action ; or When jurisdiction can be conferred by consent. — Where there is... | |
 | Law reports, digests, etc - 1899 - 1156 pages
...court had no jurisdiction. No other reasons are suggested. In his demurrer he stated as one ground that "the court has no jurisdiction of the person of the defendant, or of the subject of the action." As he also demurred for insufficiency of the statement of facts, the... | |
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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. 
