 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
 | 1886 - 1058 páginas
...grounds of demurrer to a petition are prescribed by section 94 of the Code, and are — 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... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1886 - 802 páginas
...The grounds of demurrer to a petition are prescribed by section 94 of the code, and are — 1st, that the court has no jurisdiction of the person of the defendant or the subject of the action ; 2d, that the plaintiff has not legal capacity to sue; 3d, that there is another action pending between... | |
 | Ohio, William Henry Whittaker - 1887 - 688 páginas
...defendant may demur to petition. The defendant may demur to the petition only when it appears on its face either : 1. That the court has no jurisdiction of...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... | |
 | 1887 - 956 páginas
...overflow, undermine, and wash away the lands of appellant, etc. The grounds of demurrer assigned were: (1) That the court has no jurisdiction of the person of the defendant, or the subject of the action; (2) that the complaint herein does not state facts sufficient to constitute a cause of action; (3)... | |
 | 1887 - 1096 páginas
...in error to the plaintiff's petition. The alleged causes of demurrer are as follows: — First. That the court has no jurisdiction of the person of the defendant or the subject of the action, for the reason that the nature of the allegations constituting the plaintiff's cause of action, as... | |
 | 1887 - 974 páginas
...either principal or interest having been paid. The defendant demurred to the complaint because (1) the court has no jurisdiction of the person of the defendant, or the subject-matter of the action; (2) the complaint does not state facts -sufficient to constitute a cause... | |
 | A. de Mornay Bidoulac - 1887 - 428 páginas
...way managed the affairs or concerns of said company as such. Form No. 375. WANT OF JaKismurioN. That the Court has no jurisdiction of the person of the defendant (or of the subject-matter of the suit — state why). Practice.— A Court cannot try a case without jurisdiction,... | |
 | Indiana - 1888 - 1024 páginas
...defendant may demur to the complaint when it appears upon the face thereof, either — first. That or administrator against the estate he represents, which accrued before his fthej Second. That the plaintiff has not legal capacity to sue. Third. That there is another action pending... | |
 | Abraham Clark Freeman - 1888 - 1014 páginas
...appeared in court and filed a demurrer to said petition, stating the following grounds of demurrer: " 1. That the court has no jurisdiction of the person of the plaintiff, or defendant, or of the subject-matter set forth in the petition, or of the above-entitled... | |
 | 1917 - 1214 páginas
...authority for that position. Section 88 of the Municipal Court Code reads as follows: "An objection that the court has no jurisdiction of the person of the defendant or no jurisdiction of the subject of the action may be taken by filing a notice of special appearance... | |
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