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" ... 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 is another action pending between the same parties for the same cause... "
The New York Supplement - Page 345
1926
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Southern Quarterly Review, Volume 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...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 same parties, for the same cause, or that there is a defect of parties, plaintiff or defendant, or that the petition does...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 28

Arkansas. Supreme Court - 1876 - 650 pages
...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 same parties for the same cause, or that there was a defect of parties, etc. The demurrer, therefore, only goes to the legal...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 pages
...defendant, or the subject of the action; or 2. That the plaintiff has not legal capacity to sue ; or 3. That there is another action pending between the same parties, for the same cause ; or 4. That there is a defect of parties, plaintiff or defendant ; or 5. That several causes...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...defendant, or the subject of the action ; or 2. That the plaintiff has not legal capacity to sue ; or 3. That there is another action pending between the same parties, for the same cause ; or 4. That there is a defect of parties, plaintiff or defendant ; or 5. That several causes...
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The Jurist, Volume 13, Part 2

1850 - 556 pages
...defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties, for the same cause ; or, 4. That there is a defect of parties, plaintiff or defendant; or, 5. That several...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...defendant, or the subject of the action : or, 2. That the plaintiff has not legal capacity to sue : or, 3. That there is another action pending between the same parties, for the same cause : or, 4. That there is a defect of parties, plaintiff or defendant: or, 5. That several...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 207 pages
...defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties, for the same cause ; or, 4. That there is a defect of parties, plaintiff or defendant; or, 5. That several...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 546 pages
...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - 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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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 246 pages
...defendant, or the subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there is another action pending between the same parties, for the same cause ; or, 4. That there is a defect of parties, plaintiff or defendant; or, 5. That several...
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