 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1902 - 1050 Seiten
...improvements and moneys paid if he failed to fulfill his part of the contract. The petition is assailed on the ground that it fails to state facts sufficient to constitute a cause of action. The petition alleges, in substance," that the deceased Solt was, in his lifetime,... | |
 | 1886 - 940 Seiten
...PLEADING — COMPLAINT WITH SEVERAL COUNTS— DEMURRER. Where a general demurrer is taken to a complaint on the ground that it fails to state facts sufficient to constitute a cause of action, such demurrer should be overruled if any of the counlsare sufficient.1 2. SAME —... | |
 | 1888 - 532 Seiten
...Mfg. Co. v. Taussig (5 NT Civ. Pro. 69), followed. (Decided January 16, 1888.) Demurrer to complaint on the ground that it fails to state facts sufficient to constitute a cause of action. The opinion states the facts. D. Leventritt, for defendant and demurrer. AP fiteh,... | |
 | 1907 - 1220 Seiten
...separately made, on the pleadings and opening of counsel for plaintiff at the commencement of the trial, on the ground that it fails to state facts sufficient to constitute a cause of action of which a court of equity has jurisdiction. The plaintiff and the defendant company... | |
 | Charles Patrick Daly - 1892 - 612 Seiten
...amount of their lien from the proceeds. Mrs. Hay, the owner of the premises, demurs to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action against her. Her demurrer was overruled. She appeals, and both sides have argued... | |
 | 1896 - 916 Seiten
...plaintiff, breaking her arm, and otherwise injuring her, to her damage, etc. A demurrer to this complaint, on the ground that it fails to state facts sufficient to constitute a cause of action, was sustained, and judgment passed for defendants. The complaint is faulty in not... | |
 | Morris March Estee - 1898 - 1096 Seiten
...Pac. Imp. Co., 96 Cal. 490. But where a complaint contains several counts, a general demurrer thereto on the ground that it fails to state facts sufficient to constitute a cause of action should be overruled, if any of the counts are sufficient. Pflster v. Wade. (',9 Cal.... | |
 | Washington (State). Supreme Court, Eugene Genroy Kreider - 1899 - 824 Seiten
...filing his •answering brief had not yet expired. On appeal from a judgment dismissing a complaint on the ground that it fails to state facts sufficient to constitute a cause of action, the amount in controversy is immaterial and does not affect the jurisdiction of... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1908 - 764 Seiten
...Rasquin, for plaintiff. NP Bushnell, for defendants. TOMPKINS, J. The defendants demur to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. The action is in equity for a judgment, decreeing the specific performance of a... | |
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Attorney, appearing for the defendant, on the ground that it "fails to state facts sufficient to constitute a cause of action. 
