Lewis v. Howe
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Etta C. Porter and others, from am •order of the Supreme Court, made at the Onondaga Special Term and entered in the office of the clerk of the county of Oswego on the-3d day of March, 1900, denying the defendants’ motion to compel the plaintiff to separate her causes of action and serve an amended, complaint stating separately her causes of action.'
1Opinion of the Court
McLennan, J.:
The motion Was properly denied upon the merits. .
The complaint states but a single cause of action, although several-distinct items of relief are demanded.
The cause of action alleged is, in substance, that the plaintiff being-the owner in fee of certain, real property (describing it) the appellants unjustly claim to own it under and by virtue of a devise contained in the last. will and' testament of one Charles Gr. Case,., deceased; that such will was duly admitted to probate and recorded,, and so upon the record the devisee appears as the owner of the premises, although, as is…
2Cases cited1 opinion
- Robinson v. . BrownNew York Court of Appeals · 1901
3Cited by1 opinion
- Woods v. McClureNew York Supreme Court · 1903