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. Laws of the State of New York - Page 1953by New York (State) - 1936Full view - About this book
| New York (State). Legislature - 1848 - 672 pages
...defendant may demur 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... | |
| New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...defendant 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... | |
| 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... | |
| 1850 - 566 pages
...defendant 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... | |
| New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...twenty days after 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... | |
| New York (State), Member of the New-York Bar - 1851 - 410 pages
...The defendant 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... | |
| 1851 - 520 pages
...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 of the action ; or, " 4. That there is a defect of parties, plaintiff or defendant; or,... | |
| New York (State), Henry Strong McCall - 1851 - 244 pages
...may demur to the com- when the plaint, when it shall appear upon the face thereof, either : m 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... | |
| New York (State) - 1852 - 606 pages
...defendant 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... | |
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