Page:United States Statutes at Large Volume 47 Part 1.djvu/954

 930 Causes of action which may be united. Must belong to one class. Demurrer to com- plaint. When defendant may demur. Demurrer must speo- ify grounds ; may be taken in part ; may an- swer and demur at same time. '2d C ONGRESS. SESS. II. CH. 127. FEBRUARY 27, 1933 . SEC. 134. CAUSES OF ACTION WHICH MAY BE UNITED ; CAUSES UNITED MUS T BELONG TO ONE CLASS .-The plaintiff may unite several causes of action in the same complaint, were they all arise out of 1. Contracts, express or implied ; 2 . Claims to recover damages for the withholding of specific real property, or for waste committed thereon, and the rents and profits of the same ; 3. Claims to recover specific personal property, with or without damages for the withholding thereof ; 4 . Claims against a trust ee by virtue of a contract or by operation of law; 5 . Injuries to character ; 6 . Injuries to person ; 7 . Injuri es to property ; 8. Claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within The ca uses of action s o united must al l belong to one only of these classes, and must affect all the parties to the action, and not require different places of trial, and must be separately stated ; but an action for malicious arrest and prosecution, or either of them, may be united with an action for either. an injury to character or to the per son ; provid ed, howe ver, tha t in any action b rought b y the hu s- ba nd and wife, to recover damages caused by any injury to the wife, all consequential damages suffered or sustained by the husband alone, including loss of the services of his said wife, moneys expended and indebtedness incurred by reason of such injury to his said wife, may be a lleged a nd recov ered wit hout sep arately s tating s uch caus e of action arising out of such consequential damages suffered or sustained by the husband ; provided, further, that causes of action for injuries to person and injuries to property, growing out of the same tort, may be joined in the same complaint, and it is not required that they be stated separately. DEMURRER TO COMPLAINT SEC. 135. WHEN Dk& .bNDANT MAY DEMUR .-The defendant may de- mur to the complaint within the time required in the s ummons to answer, when it appears upon the face thereof, either 1 . That the court has no jurisdiction of the person of the de- fendant, or the subject of the a ction ; 2 . That the plaintiff has not legal capacity to sue ; 3 . That there is another action pending between the same parties for the same cau se ; 4 . Th at there is a de fect or misjoind er of par ties pla intiff or defend ant ; 5 . That several causes of action have been improperly united, or not separately stated ; 6 . That t he complaint doe s not state fact s sufficient to c onstitute a cause of action ; 7 . That the complaint 'is ambiguous ; 8 . That t he complaint is unintelligible ; or, 9 . That the complaint is uncertain. SEC . 136 . DEMURRER MUST SPECIFY GROUNDS ; MAY BE TAKEN TO PART ; MAY ANS WER AND D EMUR AT SAME TIME .-The demurrer must dis- tinctly specify the grounds upon which any of the objections - to the complaint are taken. Unless it does so, it may be disregarded. It may be taken to the whole complaint, or to any of the causes of action stated therein, and the defendant may demur and answer at the same time.
 * one of the foregoing subdivisions of this section.