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The defendant demurs to the complaint and for cause of demurrer alleges:

I. That G. H. should be made a plaintiff in this action [or that L. M. should be made defendant in this action-state why].

§ 369. On ground of misjoinder of parties.

[TITLE.]

Form No. 72.

The defendant demurs to the complaint and for cause of demurrer alleges:

I. That I. K. is improperly made plaintiff in said action [or that N. O. is improperly made a defendant in said action-state why].

§ 370. On ground of misjoinder of causes of action.

[TITLE.]

Form No. 73.

The defendant demurs to the complaint, and for cause of demurrer alleges:

That several causes of action have been improperly united [state how].

§ 371. On the ground that the complaint does not state sufficient facts to constitute a cause of action.

[TITLE.]

Form No. 74.

The defendant demurs to the complaint filed in this action, and for cause of demurrer alleges:

That the complaint does not state facts sufficient to constitute a cause of action.

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The defendant demurs to the complaint, and for cause of demurrer alleges:

That the complaint is ambiguous. [Point out specially in what the ambiguity consists.]

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The defendant demurs to plaintiff's complaint on the following grounds:

I. That the court has no jurisdiction of the person of the defendant [or, as the case may be of the subject of the action]. II. That plaintiff has not legal capacity to sue [state why]. III. That there is another action pending between the same parties, for the same cause of action.

IV. That there is a defect [or misjoinder] of parties plaintiff [or defendant]. [State in what the defect or misjoinder con

sists.]

V. That several causes of action have been improperly united in this [state how improperly united].

VI. That the complaint does not state facts sufficient to constitute a cause of action. [No reasons need be assigned under this subdivision.]

VII. That the complaint is uncertain [point out specially in what the uncertainty consists].

§ 374. Demurrer to counterclaim or set-off.

[TITLE.]

Form No. 77.

The plaintiff herein demurs to the first counterclaim or set-off in the answer herein [or when there are separate answers: in the answer of the defendant C. D. herein], on the ground that upon the face thereof said counterclaim does not state facts sufficient to constitute a counterclaim [because the court has no jurisdiction thereof).

Or: because said defendant has not legal capacity to maintain the same.

Or: because there is another action pending between the same parties for the same cause.

Or: because there is a defect of parties, in this, to-wit, that [here state what the defect is and whether in parties plaintiff or defendant, and what additional party, naming him, should be present].

Or: because the said counterclaim does not state facts sufficient to constitute a cause of action.

E. F., Plaintiff's Attorney.

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Now comes the attorney-general of said state and demurs. to the said defendant's plea to the information herein, and says that said plea is not sufficient in law to bar the state from having and maintaining its said information against the said A. B. or to excuse the said A. B. from the usurpation and unlawful exercise of office charged in said information, and that said attorney-general is not bound to answer said plea, all of which he, the said attorney-general, is ready to verify.

Wherefore said attorney-general prays judgment that said defendant be excluded from said office of

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M. N., Attorney-General.

§ 376. Demurrer to defense in answer.

[TITLE.]

Form No. 79.

The plaintiff demurs to the answer herein [or to the first count of the answer herein] on the ground that it appears on the face of said answer [or count].

I. That the facts stated therein are not sufficient to constitute a defense in this [here state specifically the defects claimed]. E. F., Plaintiff's Attorney.

§ 377. General demurrer to petition in equity.

[TITLE.]

Form No. 80.

The defendant demurs [or, the defendants C. D. and E. F., naming the demurrants, demur] to the petition herein [or, to the first, or the second count of the petition herein] on the ground. that it appears on the face of said petition [or count]:

That the facts stated in said petition do not entitle the plaintiff to the relief demanded.

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The defendant demurs to the reply herein on the ground that the facts stated in said reply do not amount to a sufficient defense, in this [here state specifically the defects claimed].

E. F., Defendant's Attorney.

§ 379. Demurrer to return to alternative writ of mandamus.

[TITLE.]

Form No. 82.

The relator herein demurs to the return of L. M. to the alternative writ of mandamus issued in this cause, on the ground that it appears upon the face thereof that the same does not state facts sufficient to constitute a defense, nor show any cause for not obeying said writ. G. H., Attorney for Relator.

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This action having been brought to trial on the issue of law joined herein, after hearing G. H. in support of the demurrer and J. K. [or no one appearing] in opposition:

Ordered, that said demurrer be sustained, and that defendant [or plaintiff] have judgment thereon; but with leave to the plaintiff [or defendant] to amend the complaint [or answer, or reply] within twenty days, on payment of . . . dollars costs. By the Court: O. P., Judge.

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This action having been brought to trial on the issue of law joined herein, after hearing G. H. in support of the demurrer, and J. K. [or, no one appearing] in opposition:

Ordered, that said demurrer be overruled, and that plaintiff [or defendant] have judgment thereon; but with leave to the defendant [or plaintiff] to withdraw his demurrer [and file an answer, or a reply] within twenty days. By the Court:

O. P., Judge.

§ 382. Judgment for plaintiff after order overruling demurrer.

[TITLE.]

Form No. 85.

The order of the court overruling the demurrer to the complaint herein and ordering judgment in favor of the plaintiff in this cause upon the said demurrer, with the usual leave to

defendant to answer, having been served on the defendant's attorney on the . . . day of . . ., 19.., and the defendant not having elected to answer; and the plaintiff's damages having been ascertained by reference [or, having been assessed by a jury under the direction of the court, or by the court, assessment by jury having been waived];

Now on motion of G. H., attorney for the plaintiff,

It is adjudged, that the plaintiff recover of the defendant ... dollars, with .. dollars costs of the action, making together... dollars [or state special relief].

By the Court:

O. P., Judge.

§ 383. Order sustaining demurrer in part, and overruling it in part.

[TITLE.]

Form No. 86.

This action having been brought to trial on the issue of law joined herein, after hearing G. H. in support of the demurrer, and J. K. [or, no one appearing] in opposition:

Ordered, that said demurrer to the first cause of action set forth in the complaint be sustained; and that the defendant have judgment thereon; and that the demurrer to the second cause of action be overruled; and that the plaintiff have judgment thereon, but with leave to the plaintiff to serve an amended complaint within . . . days, and to the defendant to withdraw his demurrer to the second cause of action, and to answer the same. By the Court: O. P., Judge.

§ 384. Judgment for defendant, after order sustaining de

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An order having been entered in this action, on the day of . . ., 19.., sustaining the demurrer to the complaint herein and giving the said plaintiffs leave to amend their complaint herein within twenty days after service of such order upon their attorneys, and giving the said defendants twenty days after such service of such amended complaint upon their attorneys, to demur or answer to said amended complaint, and

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