 | Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...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 same parties, for the same cause, or that there is a defect of parties, plaintiff or defendant, or that the petition does... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...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 same parties for the same cause, or that there was a defect of parties, etc. The demurrer, therefore, only goes to the legal... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...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... | |
 | New York (State). Legislature - Law - 1848 - 672 pages
...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... | |
 | Law - 1850 - 566 pages
...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... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...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... | |
 | 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... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...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... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...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... | |
 | Law - 1851 - 520 pages
...appear upon the face thereof, either— " 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, " 1. That the court has no jurisdiction of the person of the defendant or the subject... | |
| |
... 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. That... 
