Barton v. Griffin
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Franklin county. Action by William Barton against Jed H. Griffin. From an order striking part of the answer (53 N. Y. Supp. 661), defendant appeals. Affirmed. Tiie complaint in this action alleges as a cause of action that the defendant unlawfully evicted the plaintiff and his family from the premises lawfully occupied by them, under the color of legal proceedings.
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Appeal from special term, Franklin county. Action by William Barton against Jed H. Griffin. From an order striking part of the answer (53 N. Y. Supp. 661), defendant appeals. Affirmed. Tiie complaint in this action alleges as a cause of action that the defendant unlawfully evicted the plaintiff and his family from the premises lawfully occupied by them, under the color of legal proceedings. The answer of the defendant alleges: First, a justification by virtue of proceedings legally taken under the lease; second, an affirmative defense of unpaid rent and taxes alleged to be due by the…
1Opinion of the CourtHerrick, J.
“The main object of a pleading is to notify the adverse party of the facts relied upon by the pleader to constitute a cause of action or a defense. The improvement sought to be effected by the system of pleading provided by the Code was to unable each party to know precisely what he would be required to prove upon the trial.” Linton v. Fireworks Co., 124 N. Y. 533-537, 27 N. E. 407. The court is also entitled to have pointed out to it clearly and distinctly the points of difference between the parties before it, that it may know the issues to be tried by it, and for that purpose to know what…
2Cases cited7 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Clark v. . DillonNew York Court of Appeals · 1884
- The People v. . SnyderNew York Court of Appeals · 1869
- Linton v. Unexcelled Fireworks Co.New York Court of Appeals · 1891
- Rosenwald v. HammersteinNew York Court of Common Pleas · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ebling Brewing Co. v. AdlerAppellate Terms of the Supreme Court of New York · 1907