...attorney, and moves the court as follows : 1. To dismiss the action because the complaint, as amended, fails to state a claim against the defendant upon which relief can be granted. % 2. To dismiss the action on the ground that the court lacks jurisdiction because the amount actually...

...attorney, and moves the court as follows : 1. To dismiss the action because the complaint, as amended, fails to state a claim against the defendant upon which relief can be granted. 2. To dismiss the action on the ground that the court lacks jurisdiction because the amount actually...

...general of Virginia is the following : "Comes now the defendant and says that the plaintiff has failed to state a claim against the defendant upon which relief can be granted." It will be observed that this defense flatly contradicts the position taken by the attorney general...

...barred for the reason the Court lacks jurisdiction over the defendants. FOURTH AFFIRMATIVE DEFENSE: The complaint fails to state a claim against the defendant* upon which relief can be granted. FIFTH AFFIRMATIVE DEFENSE: Plaintiff's alleged cause of action herein is barred pursuant to the exclusive...

...first paragraph reads: The defendant moves the court as follows: 1 . To dismiss the action because the complaint fails to state a claim against the defendant upon which relief can be granted. The first recites no supporting facts. The factual basis for this ground is the complaint itself. The...

...State. 177 Wis. 394. 390. "It is my opinion that paragraphs 15 to 24 inclusive of the complaint do not state a claim against the defendant upon which relief can be granted." On November 24, 1941, on motion of the United States attorney the complaint was amended in order to...