| New York (State). Legislature - Law - 1848 - 672 pages
...defendant may demur to the complaint, when when deit shall appear upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; or 2. That the plaintiff has not legal capacity to sue ; or 3. That there... | |
| New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...defendant may demur to the complaint, when it shall appear upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or 2. That the plaintiff has not legal capacity to sue ; or 3. That there... | |
| 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... | |
| Law - 1850 - 566 pages
...defendant may demur to the complaint, when it shall appear upon the face thereof, either — 1. That the Court has no jurisdiction of the person of the defendant, or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there... | |
| New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...twenty days after the service of a copy thereof, 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 : or, 2. That the plaintiff has not legal capacity to sue : or, 3. That there... | |
| New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...The defendant may demur to the complaint when it shall appear upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there... | |
| New York (State) - Session laws - 1851 - 1408 pages
...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... | |
| New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...may demur to the com- when the plaint, when it shall appear upon the face thereof, either : m 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there... | |
| Law - 1851 - 520 pages
...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,... | |
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