 The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either— 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.  Journal of the Assembly of the State of New York - Page 2987by New York (State). Legislature. Assembly - 1923Full view - About this book
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...defendant may demur to the complaint, when it shall appear upon the face thereof, either : 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... | |
 | New York (State). Legislature - Law - 1848 - 672 pages
...defendant may demur to the complaint, when when deit shall appear upon the face thereof, either: 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... | |
 | Commerce - 1849 - 716 pages
...the return day .of the summons. A demurrer lies, where it appears upon the face of the petition that the court has no jurisdiction of the person of the defendant, or the subject of the action ; — that the plaintiff has not the legal capacity to sue ; — that there... | |
 | New York (State). - Civil procedure - 1850 - 898 pages
...twenty days after the service of a copy thereof, when it appears upon the face thereof, either, 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... | |
 | Law - 1850 - 566 pages
...defendant may demur to the complaint, when it shall appear upon the face thereof, either — 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... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...may demur to the com- when the plaint, when it shall appear upon the face thereof, either : m 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... | |
 | New York (State) - Legislation - 1851 - 1408 pages
...to the complaint, when defendant ' may de- it shall appear upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant, or $he subject of the action ; or, 2. That the plaintiff has not legal capacity to sue ; or, 3. That there... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...The defendant may demur to the complaint when it shall appear upon the face thereof, either : 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... | |
 | Law - 1851 - 520 pages
...3. That there is another action pending between the same parties for the same cause; or, " 1. That the court has no jurisdiction of the person of the defendant or the subject of the action ; or, " 4. That there is a defect of parties, plaintiff or defendant; or,... | |
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