 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 Jurist - Page 2221850Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...may be allowed to the defendant for that purpose. § 355. The defendant may demur to the indictment, when it shall appear upon the face thereof, either, 1. That the grand jury, by which it was found, had no legal authority to inquire into the offence charged, by reason... | |
 | 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....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... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...the 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... | |
 | Law - 1851 - 520 pages
...answer. It must be served within twenty days after the service of the copy of the complaint. " S. 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; or, " 3. That there is another action pending... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...a sufficient answer to the complaint. It is provided by section 144 of the Code of Procedure, that the defendant may demur to the complaint when it shall appear upon the face thereof that the court has no jurisdiction of the person of the defendant. And by section 147 it is provided... | |
 | California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...in SECTION 61, and must affect all the parties to that action and be separately stated, (sec. 61.) The defendant may demur to the complaint, when it shall appear upon its face, among other causes of demurrer, that there is a defect of parties, plaintiff or defendant... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...in general, are strictly defined by sections 144 and 145 of the Code, which run as follows : § 144. The defendant may demur to the complaint, when it shall appear upon the face thereof, either — 2. That the plaint iff hag not legal capacity to sue ; or, 3. 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... | |
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