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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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A Digest of the Decisions of the Supreme Court of Iowa from Its ..., Volume 2

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«...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 15

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...
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The Revised Statutues of the State of Indiana: Constitutions. Codes. Wills

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...
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The New York Code of Civil Procedure, as Amended To, and Including, 1889 ...

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...
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New Cases: Selected Chiefly from Decisions of the Courts of the ..., Volume 26

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...
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Session Laws of the State of Washington

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...
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The Codes and General Laws of Oregon, Volume 1

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...
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A Treatise on the Law of Pleading Under the Code of Civil Procedure ...

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...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions to ...

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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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 47

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1917 - 912 pages
...Another Action. By section 4740, Rev. Laws 1010, n demurrer may lie filed fo a petition on the groun.l that there is another •action pending between the same parties for the same cause only when th™ defect urged by the demurrer is apparent on the faceof the petition. 2....
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