The defendant may demur to the complaint, where one or more of the following objections thereto appear upon the face thereof: 1. That the court has not jurisdiction of the person of the defendant. 2. That the court has not jurisdiction of the subject... Lectures on Legal Topics, 1920-1921 - Página 254por Austin Wakeman Scott - 1924 - 591 páginasVista completa - Acerca de este libro
| Nebraska - 1859 - 464 páginas
...the action. 3. That there is another action pending between the same parties for the same cause. 2. That the plaintiff has not legal capacity to sue. 4. That there is adefect of parties, plaintiff or defendant. 6. That the petition does not state facts sufficient to... | |
| Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1875 - 786 páginas
...was duly chosen assignee of said estate. Defendant demurred to the complaint, and assigned for cause that " the court has not jurisdiction of the subject of the action." Jolt n W. Whalley, for plaintiff. Richard Williams, for defendant. DEADY, J. The question made upon... | |
| New York (State) - 1876 - 398 páginas
...where one or inny 'do- more of the following objections thereto appear upon the face thereof. """'• 1. That the court has not jurisdiction of the person...has not jurisdiction of the subject of the action. H. That the plaintiff has not legal capacity to sue. 4. That there is another action pending between... | |
| Austin Abbott - 1879 - 664 páginas
...a jurisdictional fact. Its omission is not cured by an appearance, for the objection is not simply that the court has not jurisdiction of the person of the defendant, but that it has not jurisdiction of the cause (Burckle v. Eckhart, 3 NY 132).* In a case in which the... | |
| 1903 - 1116 páginas
...served upon the defendant Surety Company, which appeared and demurred to the complaint upon the grounds that the court has not jurisdiction of the subject of the action and that the complaint does not state facts sufficient to constitute a cause of action. The following... | |
| 1884 - 520 páginas
...Hamm. complaint on three grounds, to wit : 1st. That it appears upon the face of the amended complaint that the court has not jurisdiction of the person of the defendant. 2d. That it appears in a like manner that the court has not jurisdiction of the subject of the action.... | |
| Nathan Howard (Jr.), Rowland M. Stover - 1884 - 658 páginas
...facts would hare entitled him to other relief — When demurrer will not be sustained on the ground that the court has not jurisdiction of the person of the defendant or of the subject of the action, unless the dffects appear on the face of the complaint — Complaint... | |
| New York (State), Charles David Rust - 1885 - 814 páginas
...demur to the complaint tare one or more of the following objections thereto appear uppon face Kreof. '. That the court has not jurisdiction of the person of the defendant. 1. That the court has not jurisdiction of the subject of the action. 3- That the plaintiff has not... | |
| Austin Abbott - 1885 - 218 páginas
...raising it by answer or demurrer, but it may be taken by motion at the trial. ' So of the objection that the Court has not jurisdiction of the subject of the action. For the purposes 01 the motion, the allegations of the complaint are to be deemed true, as on demurrer.... | |
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