 | New York (State). Supreme Court. Appellate Division - 1897 - 736 Seiten
...the respondents. INGRAHAM, J. : The only question presented on this appeal is whether it appears upon the face of the complaint that there is a defect of parties plaintiff. It is only where an objection thus appears that it can be taken by demurrer, (('ode Civ. Proc. § 4S8.)... | |
 | Minnesota. Supreme Court - 1866 - 510 Seiten
...Nininger, has no legal eapacity to sue for the cause of action alleged therein. "3. That it appears from the face of the complaint that there is a defect of parties plaintiff in this, to- wit : that John Niuinger is a necessary party plaintiff in said action for the cause alleged... | |
 | Bancroft-Whitney Company - 1927 - 1196 Seiten
...without objection and going to trial on the merits.14 Where the statutes provide for a demurrer only when it appears on the face of the complaint that there is a defect of parties, the term "defect" being construed as not including "misjoinder" "improper joinder" or "excess" of parties,15... | |
 | California. Supreme Court - 1906 - 798 Seiten
...sufficient to constitute a cause of action. Isaac Cook v. Pablo de la Guerra et alt. It does not appear upon the face of the complaint that there is a defect of parties, but the defendants, in order to make the defect apparent, allege as facts that the mortgaged premises... | |
 | Austin Abbott - 1873 - 550 Seiten
...cause of action clearly exists upon the facts as set forth. The third defense : "that it appears upon the face of the complaint that there is a defect of parties defendants, in the omission of the mayor, aldermen and commonalty of the city of New York," is not,... | |
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So, when the defendant demurs on the ground that it appears on the face of the complaint that there is a defect of parties... 
