 | United States. Supreme Court - Courts - 1940 - 894 pages
...which would have been allowed under these rules if the motion had not been made. (b) How PRESENTED. Every defense, in law or fact, to a claim for relief...following defenses may at the option of the pleader 1 be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1954 - 1160 pages
...motion shall be filed.1 2 This paragraph was added by order effective July 1, 1953. (b) How Presented: Every defense, in law or fact, to a claim for relief in any pleading, whether a petition, counterclaim, or third-party petition, shall be asserted hi the responsive pleading thereto... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1952 - 936 pages
...support this contention plaintiff relies upon Rule 16 (b), which provides that 144 Opinion of the Court Every defense, in law or fact, to a claim for relief in any pleading, * * * shall be asserted in the responsive pleading thereto if one is required, except that the following... | |
 | United States. Supreme Court, Palmer Daniel Edmunds - Civil procedure - 1938 - 782 pages
...(b) of that Rule provides that every defense, in law of fact, to a claim for relief in any pleading, shall be asserted in the responsive pleading thereto if one is required, except that certain named defenses may, at pleader's option, be made by motion. In other words, where defendant... | |
 | United States - Law - 1971 - 1384 pages
...shall be served within 10 days after the service of the more definite statement. (b) How presented. Every defense, in law or fact, to a claim for relief...may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper... | |
 | United States - Law - 1988 - 1120 pages
...shall be filed within 10 days after the service of the more definite statement. (b) How Presented. e work. [See main edition for text о/(«Ш (As amended or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except... | |
 | United States - Law - 1965 - 860 pages
...the time within which any such pleading or motion shall be filed. (b) Defenses: how presented. — Every defense, in law or fact, to a claim for relief in any pleading, whether a petition, counterclaim, or third-party petition, shall be asserted in the responsive pleading thereto... | |
 | Austin Wakeman Scott, Sidney Post Simpson - Civil procedure - 1946 - 998 pages
...MOTION — MOTION FOR JUDGMENT ON THE PLEADINGS.1 . . . (b) How presented. Every defense, in law 2 or fact, to a claim for relief in any pleading, whether...may at the option of the pleader be made by motion: 3 (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper... | |
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How presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required... 
