 | Nathan Howard (Jr.) - 1852 - 496 páginas
...the 148th section of the code, which allows the objection to the jurisdiction of the court, and to the sufficiency of the facts stated to constitute a cause of action to be taken upon the trial, though they may not have been taken before. It was an idle, but very harmless... | |
 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 718 páginas
...manner and fullness of statement. This motion relates to the mode of stating the facts ; the demurrer to the sufficiency of the facts stated to constitute a cause of action. Each remedy has its peculiar duties and functions, and is proper only in its own place, and neither... | |
 | New York (State) - 1867 - 1086 páginas
...objections to the complaint not raised by answer or demurrer, except the question of jurisdiction and (The People v. Banker, 8 How. 258 ; Wiriterson v. Eighth Ave. RR Co., 2 Hilton, 889). d. The objection... | |
 | 1881 - 1116 páginas
...objection, however, if well taken, would go to the legal capacity of the plaintiff to sue, and not to the sufficiency of the facts stated to constitute a cause of action. (ThePhmiix Bank vs. Doimell, 40 NT 410.) A demurrer on the ground that the plaintiff has not the legal... | |
 | 1901 - 1164 páginas
...made in that way, will be deemed waived, excepting objections to the jurisdiction of the court and the sufficiency of the facts stated to constitute a cause of action; but that provision applies to defects in the petition known to the defendant in time to plead them before... | |
 | 1887 - 956 páginas
...complaint does not state facts sufficient to constitute a cause of action, " (section 339, Rev. St. 1881,) calls in question, not only the sufficiency of the...to constitute a cause of action, but also the right or authority of the particular plaintiff to bring and maintain a suit upon such cause of action. Pence... | |
 | 1888 - 972 páginas
...insufficiency of the facts stated therein calla in question, not only the sufficiency of the facts to constitute a cause of action, but also the right of the plaintiff to maintain a suit upon such cause of action. Appeal from circuit court, Martin county; DAVID... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1887 - 682 páginas
...173; Traylor v. Dykins, 91 Ind. 229. The Board of Commissioners of Tipton County r. Kimborlin. 1881), calls in question not only the sufficiency of the...to constitute a cause of action, but also the right or authority of the particular plaintiff to bring and maintain a suit upon such cause of action. Pence... | |
 | Indiana - 1892 - 938 páginas
...Causes therefor. A demurrer to a complaint for the alleged insufficiency of the facts, questions both the sufficiency of the facts stated to constitute a. cause of action, and the right of the particular plaintiff to maintain the suit; Farris v. Jones, 112-503. A demurrer,... | |
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That objection, however, if well taken, would go to the legal capacity of the plaintiff to sue, and not to the sufficiency of the facts stated to constitute a cause of action: Phoenix Bank v. Donnell, 40 NY 410. 
