 | 1887 - 956 sider
...The only error assigned in the record is the action of the court below in sustaining a demurrer to the complaint on the ground that it failed to state- a cause of action. The complaint reads as follows: "Plaintiff complains of defendant, and for cause of action alleges, that... | |
 | 1885 - 1070 sider
...pay. These are substantially the facts set out in the complaint. One of the defendants demurred to the complaint, on the ground that it failed to state a cause of action. On the motion of the plaintiff's counsel said demurrer was stricken from the flies, as being frivolous.... | |
 | 1921 - 994 sider
...demand and refusal preceded the commencement of the action. The defendant demurred to the complaint upon the ground that it failed to state a cause of action. The Special Term judgment overruled the demurrer. The Appellate Division by a nonunanimous decision reversed... | |
 | 1887 - 656 sider
...more than two Any» — witness feet. Where, upon an action being called for trial at special term, the defendant moved to dismiss the complaint, on the ground that it did not state facts sufficient to constitute a cause of action in equity, and the court denied the... | |
 | Missouri. Courts of Appeals - 1891 - 774 sider
...with the survey, by reason of which it was greatly damaged. The defendants demurred to the petition on the ground that it failed to state a cause of action. The court overruled the demurrer and the defendants filed an answer tendering the general issue. The cause... | |
 | Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1912 - 936 sider
...which she desired to get off. She asked for $5,000 damages. Defendant demurred to the petition, on the ground that it failed to state a cause of action. The demurrer being overruled, defendant answered by a general denial, and for further answer alleged that... | |
 | New York (State). Supreme Court. Appellate Division - 1903 - 778 sider
...involved in this appeal is the one determined by the interlocutory judgment sustaining the demurrer to the complaint on the ground that it failed to state a cause of action. The action is brought to set aside a final judgment in partition entered after a sale of real estate in... | |
 | Marcus Tullius Hun - 1893 - 742 sider
...respondent. DTKMAN, J. : This is an appeal from an interlocutory judgment overruling a demurrer to the complaint, on the ground that it failed to state a cause of action. The complaint is based upon a written agreement, and alleges a breach thereof by the defendants to the... | |
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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. 
