 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1887 - 736 páginas
...judgment sustaining, not a bar to second suit. A judgment sustaining a general demurrer to a declaration, on the ground that it fails to state a cause of action, is not a bar to a second suit founded upon the same transaction, if the new declaration states a cause... | |
 | United States. Court of Claims - 1943 - 672 páginas
...rates prescribed in the contract. Defendant moves the court to dismiss Claim B of plaintiffs' petition on the ground that it fails to state a cause of action against the United States. Claim A is not involved in the motion to dismiss. Plaintiffs allege that... | |
 | United States. Court of Claims - 1948 - 886 páginas
...Board Office of Contract Settlement. The claim was again denied. The defendant demurs to the petition on the ground that it fails to state a cause of action. The question is whether the defendant by requisitioning the use of the vessels and thus causing plaintiff's... | |
 | Nathan Howard (Jr.) - 1876 - 650 páginas
...party ten days previous to the commencement of the action, it is defective; and a demurrer thereto, on the ground that it fails to state a cause of action, should be sustained. (Porter agt. Kingsbury, 5 Hun, 597.) On granting injunction — recovery in action... | |
 | New York (State), William Wait - 1877 - 662 páginas
...party ten days previous to the commencement of the action, it is defective, and a demurrer thereto, on the ground that it fails to state a cause of action, should be sustained. Porter v. King/bury, 5 Hun, 597. See Sogeri v. SchmertahL 4 id. 623. When appeal... | |
 | 1902 - 2074 páginas
...property of the development company was transferred to the Ecuadorian Association. The bill is demurred to on the ground that it fails to state a cause of action and the defendant Mackenzie demurs also on the ground that he is improperly made a defendant. The bill... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1882 - 764 páginas
...the whole thereof, on the ground that two causes of action are improperly united, and to each count on the ground that it fails to state a cause of action. It is alleged in the first count, in substance, that on May 1, 18T9, the plaintiff held 526 shares... | |
 | 1884 - 660 páginas
...stock instruments and one of its general news reporting instruments. The question arises on demurrer to the complaint on the ground that it fails to state a cause of action. The complaint alleges in substance that defendant is a corporation organized and doing business under... | |
 | 1914 - 1372 páginas
...internal organs, and her entire nervous system was greatly shocked." Defendant demurred to the petition on the ground that it fails to state a cause of action. The demurrer was overruled and an exception to the ruling of the court was duly made and preserved.... | |
 | 1895 - 1224 páginas
..."decision." Action by Anne MM Kidder against George Bork for breach of covenant. Defendant demurs to the complaint on the ground that it fails to state a cause of action. Demurrer sustained. Argued before TITUS, CJ, and HATCH and WHITE, JJ. Ralph Stone, for plaintiff. George... | |
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The defendant moves to dismiss the complaint on the ground that it fails to state a cause of action. 
