Demurrer to the complaint.
Section 91
SEC. 91. Demurrer to the complaint. — The demurrer is an allegation that, admitting the facts of the preceding pleading to be true, as stated by the party making it, he has yet shown no cause why the party demurring should be compelled by the court to proceed further. It imports that the objecting party will not proceed, but will wait the judgment of the court, whether he is bound so to do. The defendant may demur to the complaint, or to the statement of any distinct cause of action therein set forth, within the time fixed by general rules of court for such pleadings when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; or 2. That the plaintiff has no legal capacity to sue; or 3. That there is another action pending between the same parties for the same cause; or 4. That there is a defect or misjoinder of parties, plaintiff or defendant; or 5. That the complaint does not state facts sufficient to constitute a cause of action; or 6. That the complaint is ambiguous, unintelligible, or uncertain. The demurrer must distinctly specify the grounds upon which any of the objections to the complaint, or to any of the causes of action therein stated, are taken.