... 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 3451926Full view - About this book
| Emlin McClain - 1887 - 1102 pages
...the defendant or the subject of the action; or, the plaintiff has not legal capaeity to sue; or, X. That there is another action pending between the same parties for the same cause; or, . «-tot there Is a defect of parties, plaintiffs or defendants: or. That the fact«... | |
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1888 - 710 pages
...the first ground is not maintainable, and they deny that the second ground is correct. The defense " that there is another action pending between the same parties for the same cause," under the Code of this State, is made applicable to suits in equity as well as actions... | |
| Indiana - 1888 - 1024 pages
...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 the complaint... | |
| New York (State), Charles David Rust - 1889 - 864 pages
...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... | |
| Austin Abbott - 1891 - 610 pages
...complaint where one or more of the following objections thereto appear upon the face thereof. ... 4. That there is another action pending between the same parties, for the same cause." " § 544 [am'd 1877]. Upon the application of either party, the court may, and, in a proper... | |
| Washington (State) - 1891 - 498 pages
...or of the subject matter of the action. 2. That the plaintiff has no 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... | |
| Oregon - 1892 - 1154 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... | |
| Samuel Maxwell - 1892 - 932 pages
...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 causes... | |
| North Carolina, Walter Clark - 1892 - 950 pages
...legal capacity to sue for the recovery of the money. Young v. Young, 81-91; Tate v. Connor, 17-224. i3) That there is another action pending between the same parties for the same cause; or The former action must be between the same parties. — The pendency of a former to... | |
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