...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...

...defendant, or the subject of the action. Second. That the plaintiff has not legal capacity to sue. Third. That there is another action pending between the same parties for the same cause. Fourth. That there is a defect of parties, plaintiff or defendant. Fifth. That several...

...Gunter were defendants. A sufficient answer to this point is found in the fact that no such defense as that there is another action pending between the same parties, for the same cause, is pleaded. But if such a plea had been filed, the facts offered to be shown by the record from the County...

...defendant or the subject matter 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 of action in the state. (4) That there is a defect of parties plaintiff or defendant. (5)...

...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, 5. That several causes of action have been improperly united; or, 4. That there is...

...main on the same facts as Kerns v. McKean, ante, 404;. No defense of the statute of limitations, or of another action pending between the same parties for the same cause, is here set up. The points involved herein are passed on in Kerns v. McKean, and determined adversely...

...the subject thereof ; (2) that the defendant has not legal capacity to recover upon the same ; (3) that there is another action pending between the same parties, for the same cause ; (4) that the counter-claim is not of the character denned and specified in the Code ;...

...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 misjoinder of parties plaintiff. 5. That there is a defect of parties,...

...jurisdiction of'the subject thereof. 2. That the defendant has not legal capacity to recover upon the same. 8. That there is another action pending between the same parties, for the same cause. 4. That the counterclaim is not of the character specified in section five hundred and...

...to a counterclaim on which the defendant demands affirmative judgment, where it appears on its face that there is another action pending between the same parties for the same cause. And it has been held that where such fact does not appear on the face of the counterclaim...