Burdick v. Chesebrough
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marion Ghesébrough, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, , entered in the office of the clerk of the county of Madison on the 21st day of October, 1903, upon the decision of the court, rendered after a trial at the Madison Special Term, overruling the defendant’s demurrer to the plaintiffs’ complaint.
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Appeal by the defendant, Marion Ghesébrough, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, , entered in the office of the clerk of the county of Madison on the 21st day of October, 1903, upon the decision of the court, rendered after a trial at the Madison Special Term, overruling the defendant’s demurrer to the plaintiffs’ complaint. The plaintiffs, by their complaint, alleged that Henry F. Burdick died on the 23d day of March, 1903, leaving a last will and testament, which has been duly admitted to probate; that they were named as executors in said will,…
1Opinion of the Court
Chase, J.:
We think that the demurrer should have been sustained. The complaint does not contain an unqualified allegation of ownership or right to the possession of the earthenware in the plaintiffs. The allegation of ownership is, “said plaintiffs were the owners thereof as hereinbefore stated.” Even this allegation does not relate to the time of the commencement of the action. (Code Civ. Proc. § 1720.) The allegations relating to the ownership and right to the possession of the earthenware, and as to the defendant’s taking the same wrongfully and unlawfully as against the plaintiffs, are…
2Cases cited3 opinions
- Lange v. . BenedictNew York Court of Appeals · 1878
- Rector of St. James' Church v. HuntingtonNew York Supreme Court · 1894
- Savage v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
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- Chance v. Certain Artifacts Found & Salvaged From the NashvilleDistrict Court, S.D. Georgia · 1984
- Ritz v. Selma United Methodist ChurchSupreme Court of Iowa · 1991
- Denker v. Twentieth Century-Fox Film Corp.New York Supreme Court · 1960
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