Barton v. Griffin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jed H. Griffin, from an order of the Supreme Court, made at the St. Lawrence Special Term and entered in the office of the clerk of the county of Franklin on the 15th day -of August, 1898, overruling and striking out as frivolous subdivision Wo. 5 of the defendant’s answer.
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Appeal by the defendant, Jed H. Griffin, from an order of the Supreme Court, made at the St. Lawrence Special Term and entered in the office of the clerk of the county of Franklin on the 15th day -of August, 1898, overruling and striking out as frivolous subdivision Wo. 5 of the defendant’s answer. The 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…
1Opinion of the Court
Herrick, 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 enable each party to know precisely what he would be required to prove upon the trial.” (Linton v. U. F. Co., 124 N. Y. 533-537.)
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 and…
2Cases cited6 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
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ebling Brewing Co. v. AdlerAppellate Terms of the Supreme Court of New York · 1907
- Hagedorn-Merz Co. v. BurnsAppellate Division of the Supreme Court of the State of New York · 1917
- Katz Underwear Co. v. BurnsAppellate Division of the Supreme Court of the State of New York · 1917
- Pope Manufacturing Co. v. Rubber Goods Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Zimmerman v. MeyrowitzNew York Supreme Court · 1901