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" When the action came on for trial the defendant moved to dismiss the complaint on the ground that it failed to state a cause of action. "
2 years transportation progress - Side 162
1916
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1858
...DARWIN SMITH and a jury. After the opening of the case by the plaintiff's counsel, the counsel for the defendant moved to dismiss the complaint, on the ground that it did not contain facts sufficient to constitute a cause of action. 1st. That it was not averred, and...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volum 85

Massachusetts. Supreme Judicial Court - 1866
...thereon, and signed " John S. Ladd, Justice of said po. court." At the trial in the superior court, the defendant moved to dismiss the complaint on the ground that it was irregularly received and swor.n to ; but Putnam, J. overruled the motion. The defendant requested...
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The Code of Procedure of the State of New York, as Amended to 1866, with ...

New York (State) - 1867 - 1063 sider
...to the court of appeals (HoUiiter B'h of Buffalo v. Vail, 15 NY 593). .••• Where on the trial, the defendant moved to dismiss the complaint on the ground that it did not state facts sufficient to constitute a cause of action, •which motion was denied and exception...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1956
...of goods. Appellee, Admiral Corporation, moved to dismiss appellant's petition for cancellation on the ground that it failed to state a cause of action. The Examiner of Interferences granted this motion and the Examiner-in-Chief affirmed with the following...
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Reports of Cases Heard and Determined by the Supreme Court of ..., Volum 102

South Carolina. Supreme Court, J. S. G. Richardson, Robert Wallace Shand, Cyprian Melanchthon Efird, William Hay Townsend, Duncan C. Ray, William Munro Shand - 1916
...APPEAL AND ERROR — ORDERS APPEALABLE — RULING or DEMURRER. — An order overruling a demurrer to the complaint on the ground that it failed to state a cause of action is appealable. 8. APPEAL AND ERROR — APPEALABLE AND NONAPPEALABLE ORDERS — DETERMINATION OF QUESTIONS...
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The New York Supreme Court Reports: Cases Determined in the Supreme Court ...

New York (State). Supreme Court - 1874
...right to maintain this action, which objection was sustained, and plaintiffs excepted. Subsequently the defendant moved to dismiss the complaint, on the ground that it did not contain facts sufficient to constitute a cause of action. The court granted the motion and...
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Reports of Cases Heard and Determined in the Supreme Court of ..., Volumer 1-48

Marcus Tullius Hun - 1874
...no right to maintain tliis action ; which objection was sustained. Plaintiffs excepted. Subsequently the defendant moved to dismiss the complaint, on the ground that it did not contain facts sufficient to constitute a cause of action. The court granted the motion and...
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The American Reports: Containing All Decisions of General Interest ..., Volum 14

Isaac Grant Thompson - 1875
...interest in her, and is the one described in the application. When the plaintiff rested, the counsel for the defendant moved to dismiss the complaint, on the ground that it appeared that the defendant did not insure and did not intend to insure the "St. Mary." It is a clear...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volum 36

Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1875
...which motion was denied. The plaintiff then filed her complaint, and the defendant demurred thereto, on the ground that it failed to state a cause of action. The justice entered in his docket that the complaint had been filed, but failed to insert therein a statement...
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The Supreme Court Reporter, Volum 14

1894
...the city of Charleston in certain cases and for other purposes." The cause was heard on a demurrer to the complaint on the ground that It failed to state a cause of action, and the demurrer was overruled. The defendant thereupon appealed to the supreme court of the state,...
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