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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 ; 2. "
The Jurist - Página 222
1850
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848
...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...
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Merchants' Magazine and Commercial Review, Volumen21

1849
...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...
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Laws of the State of New York

New York (State) - 1851
...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...
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The Code of Procedure of the State of New York: As Amended by the ...

1851 - 207 páginas
...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...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

1851
...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen5

Nathan Howard, New York (State). Supreme Court - 1851
...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...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volumen1

California. Supreme Court - 1851
...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...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 869 páginas
...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen8

Nathan Howard, New York (State). Supreme Court - 1853
...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...
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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - 1853 - 253 páginas
...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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