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" 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; or, 4. "
A Treatise on Code Pleading and Practice: Also Containing 1900 Forms Adapted ... - Page 164
by William Angus Sutherland - 1910
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Southern Quarterly Review, Volume 17

Daniel Kimball Whitaker, Milton Clapp, William Gilmore Simms, James Henley Thornwell - 1850 - 570 pages
...or the subject of the action, or that the plaintiff has not legal capacity to sue, or that there is another action pending between the same parties, for the same cause, or that there is a defect of parties, plaintiff or defendant, or that the petition does not state facts...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 28

Arkansas. Supreme Court - Law reports, digests, etc - 1876 - 650 pages
...or the subject of the action, or that the plaintiff had not legal capacity to sue, or that there is another action pending between the same parties for the same cause, or that there was a defect of parties, etc. The demurrer, therefore, only goes to the legal sufficiency...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848 - 672 pages
...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 of action...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...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 of action...
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Jurist: Containing Reports of All Cases Determined in Law ..., Volume 13, Part 2

Law - 1850 - 566 pages
...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 of action...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...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 of action...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...its face, either 128 2. That the plaintiff has not legal capacity to sue ; or 1851. 3. That there is another action pending between the same parties, for the same cause; or 4. That there is u defect of parties, plaintiff or defendant ; or . 5. That the petition does not state...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...its face, either 128 129 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 13 a defect of parties, plaintiff or defendant; or 5. That the petition does not state...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...face thereof, either— " 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, " 1. That the court has no jurisdiction of the person of the defendant or the subject of the action...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...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 of action...
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