| 1903 - 1108 lapas
...petition stated a good cause of action ; and the second is whether the case is one which should have been submitted to the jury for its determination....Nebraska decisions (to wit, Hill v. Campbell Comm. Co., Neb. 59, 74 NW 388, and Raymond v. Miller, 50 Neb. 506, 70 W. 22), is to the following effect: That... | |
| 1913 - 1370 lapas
...issues were joined and the trial begun before a jury, the defendant objected to the introduction of any evidence on the ground that the petition did not state a cause of action, and saved its exceptions to the disallowance of the said objection. [1, 2] 1. Section 4029 of the Compiled... | |
| 1889 - 1166 lapas
...consumption, from which disease he is now incurable. To which petition the defendant filed a demurrer, upon the ground that the petition did not state a cause of action; which demurrer came on to be heard by the court, and was by the court sustained. The plaintiff complains... | |
| 1889 - 1048 lapas
...the petition not admitted by the answer On the trial, defendant objected to the introduction of any evidence, on the ground that the petition did not state a cause of action. This objection was overruled, and the trial proceeded, with the result above announced. In the case... | |
| Edward Warren Hines, William Pope Duvall Bush, John Cleland Wells, Frank L. Wells, Findlay Ferguson Bush, Horace C. Brannin, William Cromwell, W. J. Chinn, Walter G. Chapman, R. G. Higdon, Thomas Robert McBeath - 1887 - 1032 lapas
...effect deny that there was an issue formed upon the merits of the action, and place the judgment upon the ground that the petition did not state a cause of action, and that, therefore, there could have been no issue and no trial on the merits. The record of the original suit... | |
| 1888 - 1048 lapas
...however, and it was aided by the reply, which substantially avers that the first action was dismissed upon the ground that the petition did not state a cause of action, and could not, therefore, have been tried upon the merits. A properly certified copy of the record of the... | |
| 1905 - 1262 lapas
...general denial, and, after the trial had been entered upon, It objected to any evidence being received, ы 3 N ~M 5 FT{پ REw7 ̊ 8 k } nٺE [H ( bWU] The trial court sustained the objection, whereupon plaintiffs took a nonsuit, with leave. The court... | |
| 1904 - 1272 lapas
...formed, can he used only against- the one saying or doing it. The mahn contentions of appellants are that the petition did not state a cause of action, and that the proof did not authorize the submission of the case to the Jury. The lower court did not agree with... | |
| 1891 - 1266 lapas
...was proved at the trial that he was uumarried , the defendant having objected to any evidence on tne ground that the petition did not state a cause of action, and to the evidence that the deceased was unmarried, us incompetent and immaterial under the pi outline«.... | |
| 1889 - 908 lapas
...show that the tax deeds had been adjudged invalid; and that it could not bo attacked collaterally, on the ground that the petition did not state a cause of action. 2. SAME — RES АШГШГАТА. In an action to quiet title to land, a general finding of title in... | |
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