 | New York (State), Member of the New-York Bar - 1851 - 410 páginas
...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 of action... | |
 | Kentucky - 1851 - 548 páginas
...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 does not state... | |
 | Nathan Howard (Jr.) - 1851 - 530 páginas
...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... | |
 | New York (State) - 1852 - 606 páginas
...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... | |
 | 1852 - 446 páginas
...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... | |
 | Henry Whittaker - 1852 - 900 páginas
...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... | |
 | Wisconsin - 1853 - 810 páginas
...or the subject of the action ; or, mur. 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 of action... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 páginas
...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... | |
 | Nathan Howard (Jr.) - 1853 - 594 páginas
...it appears upon the face of the plaintiff's pleading, that he " has not legal capacity to sue," or "that there is another action pending between the same parties for the same cause," or " that several causes of action are improperly united," or that a cause of action is not stated? Whatever... | |
 | Jesse B. Hart - 1853 - 334 páginas
...the defendant, or the subject matter of the action. That the plaintiff has not legal capacity to sue, that there is another action pending between the same parties for the same cause. That there is a defect in the parties plaintiff or defendant. That several causes of action... | |
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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... 
