People v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of New York, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 24th day of December, 1912, and also from a judgment entered in said clerk’s office on the same day pursuant to said order.
1Opinion of the Court
Smith, P. J.:
Defendants made application pursuant to section 547 of the Code of Civil Procedure for judgment upon the pleadings. While an answer has been served its allegations cannot be considered in determining the question at issue. The order for judgment has been made upon the ground that the complaint fails to state facts sufficient to constitute a cause of action, and that ground presents the only question here for consideration.
The complaint assumes to assert three causes of action. The defendants were furnishing coal to the Clinton State Prison at Dannemora, Clinton county. From…
2Cited by5 opinions
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