Legal Opinion

Van Zandt v. Van Zandt

New York Supreme Court

Decided October 17, 1889PublishedCited by 2 opinions

On demurrer to complaint in an action of interpleader.

1Opinion of the CourtLawrence, J.

The defendants, having demurred specifically on the ground that the complaint does not state facts sufficient to constitute a cause of action, cannot now raise the question as to the legal capacity of the plaintiff to maintain the action. Bank v. Corbett, 10 Abb. N. C. 85; Wilson v. Mayor, 15 How. Pr. 500. I think, also, that the judgment in the action for divorce is suffi*707cienfly well pleaded, and that in any event there,is nothing on the face of the complaint which shows that the court did not have jurisdiction.

The question then remains whether sufficient facts are stated in the complaint to…

2Cases cited5 opinions

  1. Shaw v. CosterNew York Court of Chancery · 1840
  2. Baltimore Ohio R.R. Co. v. . ArthurNew York Court of Appeals · 1882
  3. Vosburgh v. HuntingtonNew York Supreme Court · 1862
  4. Irving National Bank v. CorbettNew York Supreme Court · 1881
  5. WILSON v. Mayor of New YorkNew York Court of Common Pleas · 1857

3Cited by2 opinions

  1. Du Bois v. Union Dime Sav. Inst.New York Supreme Court · 1895
  2. Varnum v. TaylorNew York Supreme Court · 1891

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