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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 Code of Procedure of the State of New York: As Amended by the ... - Page 60
by New York (State), Henry Strong McCall - 1851 - 204 pages
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Southern Quarterly Review, Volume 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...demurrer, or an answer. He can demur to the petition when it shall appear upon the face thereof, that the court has no jurisdiction of the person of the defendant, or the subject of the action, or that the plaintiff has not legal capacity to sue, or that there is another action pending between the...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 28

Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...sec. Ill, Civil Code of Practice. The demurrer in this case does not specify that the court below had no jurisdiction of the person of the defendant, or the subject of the action, or that the plaintiff had not legal capacity to sue, or that there is another action pending between the...
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The Western Journal, of Agriculture, Manufactures, Mechanic Arts ..., Volume 1

Missouri - 1848 - 718 pages
...causes for which a demurrer will lie are stated in the code, and are — jurisdiction of the court, of the person of the defendant, or the subject of the action — the want of legal capacity in the plaintiff to sue — the pendency of another action between the...
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Merchants' Magazine and Commercial Review, Volume 21

Commerce - 1849 - 716 pages
...the return day .of the summons. A demurrer lies, where it appears upon the face of the petition that the court has no jurisdiction of the person of the defendant, or the subject of the action ; — that the plaintiff has not the legal capacity to sue ; — that there is another action pending...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...demurrer. § 140. The defendant may demur to the petition, where it appears on its face, either 128 129 2. That the plaintiff has not legal capacity to sue...same parties, for the same cause; or 4. That there 13 a defect of parties, plaintiff or defendant; or 5. That the petition does not state facts sufficient...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 518 pages
...sue; or, " 3. That there is another action pending between the same parties for the same cause; or, " 1. That the court has no jurisdiction of the person...of the defendant or the subject of the action ; or, " 4. That there is a defect of parties, plaintiff or defendant; or, "5. That several causes of action...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...where it appears on its face, either 128 2. That the plaintiff has not legal capacity to sue ; or 1851. 3. That there is another action pending between the...same parties, for the same cause; or 4. That there is u defect of parties, plaintiff or defendant ; or . 5. That the petition does not state facts sufficient...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...may demur to the complaint, when defendant ' may de- it shall appear upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant, or $he subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...rule. Section 144 allows the defendant to demur to the complaint when it appears on the face thereof that there is another action pending between the same parties for the same cause of action and § 147 allows the objection to be taken by answer when it does not appear...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...laid down in Hornfager v. Hornfager, 6 How. 279 ; 1 CR (NS) 412 : " When it appears by the complaint, that there is another action pending between the same parties for the same cause, the remedy is by demurrer. When any of the matters, enumerated in section 141, do not appear...
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