 ... 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
 | New York (State), Morris Cooper - 1893 - 944 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... | |
 | South Carolina - 1894 - 670 pages
...Co. v. Turner, 88. C., 110; Palmetto v. Risley, 25 SC, 309 ; Steamship Co. v. Rodgers, 21 SC, 27. 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, This ground cannot... | |
 | Indiana, Harrison Burns - 1894 - 1050 pages
...of facts will not raise the question of legal capacity to sue. Edwards p. Beall, 75 Ind. 401. Third. That there is another action pending between the same parties for the same cause. This clause refers to actions pending in this state. De Armond r. Bohn, 12 Ind. 6O7 ; Eaton,... | |
 | 1901 - 822 pages
...1'rac. 510. [<l] (NC Sup. 1870) A statute (Code Civ. Proe. ff 95) allowing it to be cause for demurrer that there is another action pending between the same parties for the same cause, must be construed as meaning another actiou in the courts of the same state. It does not... | |
 | New York (State) - 1920 - 1210 pages
...affidavit tending to show: 1. That the court has not jurisdiction of the subject of the counterclaim. 2. That there is another action pending between the same parties for the same cause. 3. That there is an existing final judgment or decree of a court of competent jurisdiction... | |
 | Harry Bower Bradbury - 1921 - 248 pages
...of 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 counterclaim is not of the character specified in ยง501 of the Code of Civ.... | |
 | New York (State). Convention to Consider and Adopt Rules of Civil Practice - 1921 - 142 pages
...affidavit tending to show : 1. That the court has not jurisdiction of the subject of the counterclaim. 2. That there is another action pending between the same parties for the same cause. 3. That there is an existing final judgment or decree of a court of competent jurisdiction... | |
 | Burnett, Howard D. - 1922 - 438 pages
...jurisdiction of the subject of the action; ... ' 3. That the plaintiff has no legal capacity to sue; 4. That there is another action pending between the same parties for the same cause; , ."; ,' 5. That there is a misjoinder of parties plaintiff or defendant; 6. That there... | |
 | Arthur B. Honnold - 1922 - 894 pages
...demurrer. Harris v. Bell, 59 P. 1095, 9 Kan. App. 706. A demurrer to a bill of particulars on the ground that there is another action pending between the same parties for the same cause of action should be overruled where such fact does not appear on the face of the pleadings.... | |
 | California - 1923 - 952 pages
...the defendant, or the subject of the action; 2. That the plaintiff has not legal capacity to sue. 3. Code Commission, Act March 8. 1901, Stats, and Amdts. 1900-1, p. 202, same cause; 4. That there is a defect or misjoinder of parties plaintiff or defendant; 5. That several... | |
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