...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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,...