 | Law reports, digests, etc - 1913 - 1370 pages
...issues were joined and the trial begun before a jury, the defendant objected to the introduction of any evidence on the ground that the petition did not state a cause of action, and saved its exceptions to the disallowance of the said objection. [1, 2] 1. Section 4029 of the Compiled... | |
 | Law reports, digests, etc - 1889 - 1166 pages
...consumption, from which disease he is now incurable. To which petition the defendant filed a demurrer, upon the ground that the petition did not state a cause of action; which demurrer came on to be heard by the court, and was by the court sustained. The plaintiff complains... | |
 | Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - Law reports, digests, etc - 1887 - 1032 pages
...effect deny that there was an issue formed upon the merits of the action, and place the judgment upon the ground that the petition did not state a cause of action, and that, therefore, there could have been no issue and no trial on the merits. The record of the original suit... | |
 | Law reports, digests, etc - 1889 - 1048 pages
...the petition not admitted by the answer On the trial, defendant objected to the introduction of any evidence, on the ground that the petition did not state a cause of action. This objection was overruled, and the trial proceeded, with the result above announced. In the case... | |
 | Law reports, digests, etc - 1905 - 1262 pages
...general denial, and, after the trial had been entered upon, It objected to any evidence being received, ы 3 N ~M 5 FT{پ REw7 ̊ 8 k } nٺE [H ( bWU] The trial court sustained the objection, whereupon plaintiffs took a nonsuit, with leave. The court... | |
 | Law reports, digests, etc - 1888 - 1048 pages
...however, and it was aided by the reply, which substantially avers that the first action was dismissed upon the ground that the petition did not state a cause of action, and could not, therefore, have been tried upon the merits. A properly certified copy of the record of the... | |
 | Law reports, digests, etc - 1904 - 1272 pages
...formed, can he used only against- the one saying or doing it. The mahn contentions of appellants are that the petition did not state a cause of action, and that the proof did not authorize the submission of the case to the Jury. The lower court did not agree with... | |
 | Law reports, digests, etc - 1891 - 1266 pages
...was proved at the trial that he was uumarried , the defendant having objected to any evidence on tne ground that the petition did not state a cause of action, and to the evidence that the deceased was unmarried, us incompetent and immaterial under the pi outline«.... | |
 | Law reports, digests, etc - 1889 - 908 pages
...show that the tax deeds had been adjudged invalid; and that it could not bo attacked collaterally, on the ground that the petition did not state a cause of action. 2. SAME — RES АШГШГАТА. In an action to quiet title to land, a general finding of title in... | |
 | J. C. Wells, Edward Warren Hines, Frank L. Wells, Horace C. Brannin, William Cromwell, William Jefferson Chinn, Walter G. Chapman, William Pope Duvall Bush, Finlay Ferguson Bush, R. G. Higdon, Thomas Robert.. McBeath - Law reports, digests, etc - 1889 - 1158 pages
...however, and it was aided hy the reply which substantially avers that the first action was dismissed upon the ground that the petition did not state a cause of action and could not, therefore, have been tried upon the merits. A properly certified copy of the record of the... | |
| |
Court on each of the grounds specified, and so far as it was sustained upon the ground that the petition did not state a cause of action... 
