Baxter v. . McDonnell
New York Court of Appeals
Appeal, "by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 8, 1897, affirming an interlocutory judgment sustaining a demurrer interposed "by the plaintiff to the defense set up in the answer. The complaint contains two counts, which are preceded by certain general allegations doubtless intended to apply to both.
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Appeal, "by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 8, 1897, affirming an interlocutory judgment sustaining a demurrer interposed "by the plaintiff to the defense set up in the answer. The complaint contains two counts, which are preceded by certain general allegations doubtless intended to apply to both. These general allegations are, in substance, that the plaintiff, a priest of the Holy Roman Catholic Church, from September 10, 1885, until October 12, 1892, was pastor in charge of the parish of Babylon in the…
1Opinion of the CourtVann, J.
The question certified by the learned Appellate Division to this court for determination is as follows: “ Is the third separate and affirmative defense contained in the defend ant’s answer herein insufficient in law upon the face thereof to constitute a defense ? ”
We have recently held that it is not the duty of this court to answer a question certified to • it that will admit of one answer under one set of circumstances and a different answer under another, or where it presents only an abstract proposition, no facts being disclosed by the record to show that it arose in the case. (Grannan v.…
2Cases cited7 opinions
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
- People v. . BoothNew York Court of Appeals · 1865
- Grannan v. . Westchester Racing Assn.New York Court of Appeals · 1897
- Lewis v. . CookNew York Court of Appeals · 1896
- Clark v. PoorNew York Supreme Court · 1893
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3Cited by71 opinions
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Manson v. . CurtisNew York Court of Appeals · 1918
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Schenck v. . BarnesNew York Court of Appeals · 1898
- R. I. Realty Co. v. TerrellNew York Court of Appeals · 1930
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