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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. "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 266
by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1885
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Southern Quarterly Review, Volume 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...answer. He can demur to the petition when it shall appear upon the face thereof, that the court has no jurisdiction of the person of 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...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 28

Arkansas. Supreme Court - 1876 - 650 pages
...in sec. 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...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 27

Arkansas. Supreme Court - 1873 - 782 pages
...save in equity. The defendant, Floyd, interposed three causes of demurrer as follows : Ft rut. That the court had no jurisdiction of the person of the defendant or the subject matter of the action. Second. That there is a defect of parties, plaintiffs and defendant. Third. That...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 pages
...to 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...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 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...
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The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Volume 1

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...
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Merchants' Magazine and Commercial Review, Volume 21

1849 - 716 pages
....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...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...the 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...
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The Jurist, Volume 13, Part 2

1850 - 556 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...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...may 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...
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