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 2221850Vista completa - Acerca de este libro
| California. Supreme Court - 1853 - 708 páginas
...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... | |
| Nathan Howard (Jr.) - 1856 - 626 páginas
...demurrers to be taken in the following order, in respect to the causes of the demurrer : — 1st. That the court has no jurisdiction of the person of the defendant or subject matter of the action. 2d. That the plaintiff has not legal capacity to^sue. 3d. That there... | |
| William H. R. Wood - 1857 - 834 páginas
...allowed to the defendant for that purpose. ART. 1574, Sec. 289. The defendant may demur to the indictment o actions and proceedings therein. • ART. 1348, Sec. 621. In grand jury by which it was found had no legal authority to inquire into the offense charged, by reason... | |
| Kansas - 1858 - 482 páginas
...only ftnhd°a°nthe maV n when it appears on its face either, 1. That the court has no p"utUm!° "" jurisdiction of the person of the defendant, or the subject of the action. 2. That the plaintiff has not legal capacity to sue. 3. That there is another action pending between... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1858 - 666 páginas
...defendant may demur to the complaint when it appears upon the face thereof, either — " First — That the Court has no jurisdiction of the person of the defendant, or the subject-matter of the action; or, " Second — That the plaintiff has not legal capacity to sue; or,... | |
| Nebraska - 1859 - 464 páginas
...defendant may demur to the petition only when defendant when it appears on its face, either, may demur. 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action. 3. That there is another action pending between the same parties for the same cause. 2. That the plaintiff... | |
| Kansas - 1859 - 726 páginas
...^Ec' '^' ^e defendant may demur to the petition only when it appears on its face either, First, That the court has no jurisdiction of the person of the defendant, or the subject of the action. Second, That the plaintiff has not legal capacity to sue. Third, That there is another action pending... | |
| 1859 - 616 páginas
...or within the jurisdiction of this court. Kceiiig a, Nutt The answer to this proposition is simple. The defendant may demur to the complaint, when it shall appear upon the face thereof that the court has no jurisdiction of the defendant or the subject of the action. (Code, § 144.) And... | |
| Colorado, Jefferson Territory - 1860 - 312 páginas
...demur. SEC. 200. The defendant may demur to the petition for any of the following defects: First: When the court has no jurisdiction of the person of the defendant, or the subject of the action; Second: When the plaintiff has no legal capacity to sue; Fourth: Where there is defect of parties,... | |
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