 | Nathan Howard (Jr.) - 1870 - 720 sider
...Duiinell, 40 A". Y., 410 ) 6. To sustain n demurrer upon the first ground, it must appear affirmatively upon the face of the complaint that the plaintiff has not legal capacity to sue. (Id.) 7i As to the second gronnd, it has no applicability to the capacity of the plaintiff to... | |
 | William Wait - 1873 - 950 sider
...plaintiff has not legal capacity to sue. The Code also authorizes the defendant to demur when it appears upon the face of the complaint that the plaintiff has not legal capacity to sue. Code, § 144, subd. 2. Thus, if it appears upon the face of the complaint that a plaintiff suing... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1884 - 550 sider
...By the fortieth section of the code, it is provided that the defendant may demur when it appeals on the face of the complaint "that the plaintiff has not legal capacity to sue." Such is not the fact in the present case. In the title of the case the plaintiff is designated... | |
 | 1881 - 1112 sider
...A demurrer on the ground that the plaintiff has not the legal capacity to sue would be bad, because it does not appear upon the face of the complaint that the plaintiff has not. It is not a good ground of demurrer that it does not appear that the plaintiff has the legal capacity... | |
 | 1918 - 1228 sider
...classified as one going to the legal capacity of the plaintiffs to sue. It is true that if it Is manifest upon the face of the complaint that the plaintiff has not legal capacity to sue, it is ground of demurrer under section 68, LOL, and one which is waived if it so appear and the... | |
 | 1903 - 1338 sider
...rental of $6,000 per annum, to be paid in equal monthly installments of $500 in advance on the ist day of each and every month during the term of the...ground of demurrer. The language of Judge Grover in The Phoenix Bank v. Donncll, 40 NY 410, very clearly states the argument here contended for, and its... | |
 | 1912 - 1298 sider
...misconduct by the defendants as attorneys in the prosecution of the action. Mr. Justice Hiscock said: "It does not appear upon the face of the complaint that the two claims made by plaintiff arose out of the same transaction. One claim arose out of the alleged... | |
 | Colorado. Supreme Court - 1888 - 688 sider
...pleaded specially, whether the pleading be by demurrer or answer. Hexter v. Clifford, 5 Colo. 168-173. It does not appear upon the face of the complaint that the proposition made by Hunt to Rupe was not in writing, and, therefore, as to the allegations relating... | |
 | 1888 - 966 sider
...pleaded specially, whether the pleading be by demurrer or answer. Hexter v. Clifford, 5 Colo. 168-173. It does not appear upon the face of the complaint that the proposition made by Hunt to Rupe was not in writing, and, therefore, as to the allegations relating... | |
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And the court, following the New York case, said further : "A demurrer on the ground that the plaintiff has not legal capacity to sue would be bad, because it does not appear upon the face of the complaint that the plaintiff has not. 
