 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
 | North Carolina, Walter Clark - 1892 - 950 páginas
...would have been. Johnson v. Pate, 90-334. Sec. 2:ii>. When defendant nuty demur. C. C, P., «. itX. The defendant may demur to the complaint when it shall appear upon the face thereof, either — What demurrable. — A demurrer can only be sustained for one of the causes of demurrer specifically... | |
 | Indiana. Appellate Court - 1893 - 682 páginas
...1881. The first provides that a complaint is demurrable if it appears upon its face that tlie court had no jurisdiction of the person of the defendant or the subject of the action. The fifth provides that a dcmurn.T will lie if the "complaint does not state facts sufficient to constitute... | |
 | Philemon Bliss - 1894 - 858 páginas
...defects of substance are included. Those originally enumerated in the New York statute are as follows: "1. That the court has no 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, Harrison Burns - 1894 - 1050 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 of the action. The circuit court being one of general jurisdiction, its authority to act need not affirmatively appear... | |
 | Indiana. Appellate Court - 1894 - 814 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 of the action"; and section 343, RS 1881, provides that when any of the matters enumerated in section 339 as cause... | |
 | Ohio. Courts - 1898 - 622 páginas
...raised by a general demurrer. The code, sec. 5062, sets forth eight grounds for demurrer : 1st. "That the court has no jurisdiction of the person of the defendant, or the subject of the action." This, if relied upon by a defendant, must be specially assigned ; and I refer counsel to the case of... | |
 | Austin Abbott - 1895 - 760 páginas
...answer to the complaint. It is provided by £ 144 of the Code of Procedure [Code Civ. Pro., § 488] 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 § 147 [Code Civ. Pro., §... | |
 | Hawaii. Supreme Court - 1895 - 844 páginas
...action stated therein. The following shall be considered separate grounds for demurrer : 1st. That the Court has no jurisdiction of the person of the defendant or of the subject of the action. 2nd. That the plaintiff has no legal capacity to sue. 3rd. That there... | |
 | William John Tossell - 1893 - 756 páginas
...that purpose. " Sec. 5062. 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." Aud again, section 5063 provides, " When any... | |
 | Ohio, William Henry Whittaker - 1896 - 828 páginas
...defendant may demur to the petition only when it appears on its face either : 1. That the couit lias no 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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