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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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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 pages
...defendant, or the subject of the action ; or, 2d. That the plaintiff has not legal capacity to sue ; or, 3d. That there is another action pending between the same parties for the same cause ; or, 4th. That there is a defect or misjoinder of parties, plaintiff or defendant ; or,...
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Session Laws

North Dakota - 1862 - 640 pages
...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 the same parties for the same cause. 4. That there is a defect of parties, plaintiff or defendant. 5. That several causes of...
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Practice and Pleading in Actions in the Courts of Record in the ..., Volume 2

Henry Whittaker - 1863 - 1154 pages
...plaintiff has no legal capacity to sue ; for that, etc. [State shortly the reason why ho is incapable.] 3. That there is another action pending between the same parties for the same cause ; 4. That there is a defect of parties defendant therein, to wit : that EF, in the said...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 5

New York (State) - 1863 - 1026 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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Laws of the Territory of Idaho

Idaho - 1864 - 734 pages
...subject of the action ; or, Second. That the plaintiff has not the legal capacity to sue; or, Third. That there is another action pending between the same parties for the same cause ; or, Fourth. That there is a defect or misjoinder of parties, plaintiff or defendant ;...
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 4

Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 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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Laws of the Territory of Idaho

Idaho (Ter.) - 1866 - 356 pages
...subject of the action ; or, Second — That the plaintiff has no legal capacity to sue; or, Third — That there is another action pending between the same parties, for the same cause ; or, Fourth — That there is a defect or misjoinder of parties, plaintiff or defendant...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 pages
...subject of the action ; or, Second, that the plaintiff has not the legal capacity to sue ; or, Third, that there is another action pending between the same parties for the same cause ; or, Fourth, that there is a defect or misjoinder of parties, plaintiff or defendant ;...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - 802 pages
...subject of the action ; or, Second, that the plaintiff has not the legal capacity to sue ; or, Third, that there is another action pending between the same parties for the same cause ; or, Fourth, that there is a defect or misjoinder of -parties, plaintiff or defendant ;...
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The Government and Laws of the United States: Comprising, a Complete and ...

William B. Wedgwood - 1866 - 494 pages
...the court has no jurisdiction in the case ; 2. That the plaintiff has no legal capacity to suo ; 3. That there is another action pending between the same parties, for the same cause, in another court of the State ; 4. That there is a defect of parties ; 5. That several...
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