 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; 2.  The Statutes of the Territory of Kansas - Page 77by Kansas - 1858Full view - About this book
 | Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...demur to the complaint, when it shall appear 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 the plaintiff has not legal capacity to sue ; or 3. That there is another action pending... | |
 | New York (State). Legislature - Law - 1848 - 672 pages
...the complaint, when when deit shall appear 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 the plaintiff has not legal capacity to sue ; or 3. That there is another action pending... | |
 | 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 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... | |
 | Law - 1850 - 566 pages
...demur to the complaint, when it shall appear 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 the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...service of a copy thereof, 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 the plaintiff has not legal capacity to sue : or, 3. That there is another action pending... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...demur to the complaint when it shall appear 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 the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending... | |
 | 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... | |
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