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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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Reports of Cases Determined in the Supreme Court of the State of ..., Volumen1

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...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen12

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...
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Digest of the Laws of California: Containing All Laws of a General Character ...

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...
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The Statutes of the Territory of Kansas

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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volumen10

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,...
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

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...
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General Laws of the Territory of Kansas

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...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volumen8

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...
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

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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Reports of Cases Argued and Determined in the Court of Common Pleas for the ...

New York (State). Court of Common Pleas (City and County of New York), Henry Hilton - 1860 - 664 páginas
...damage $1,000, for which judgment is demanded. The defendant demurs upon two grounds : 1st. That this court has no jurisdiction of the person of the defendant, or the subject of the action. 2d. That the complaint does not state facts sufficient to constitute a cause of action. For the reasons...
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