Tracy Development Co. v. . Becker
New York Court of Appeals
Appeal, by permission, from orders of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 8, 1914, which affirmed interlocutory judgments of Special Term overruling separate demurrers to the same complaint. These appeals come to this court upon two separate orders of the Appellate Division affirming two interlocutory judgments overruling two separate demurrers to the same complaint.
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Appeal, by permission, from orders of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 8, 1914, which affirmed interlocutory judgments of Special Term overruling separate demurrers to the same complaint. These appeals come to this court upon two separate orders of the Appellate Division affirming two interlocutory judgments overruling two separate demurrers to the same complaint. The plaintiff asserts that the action is for the partition of lands and their appurtenances under the Code of Civil Procedure, and it is upon this theory that the state…
1Opinion of the CourtWerner, J.
The foregoing statement of the nature of these appeals indicates that we are to determine two questions. The first is whether the action is one for the partition of lands within the purview of the Code of Civil Procedure (Secs. 1532 to 1595 inclusive), as is asserted by counsel for the plaintiff, and the other is whether, in any view that may be taken of the complaint and the character of the action, a cause of action of any kind is alleged against either of the three demurring defendants. The questions will be more fully stated when we reach the discussion that will logically follow an…
2Cases cited11 opinions
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- Carthage Tissue Paper Mills v. Village of CarthageNew York Court of Appeals · 1910
- Bailey v. . BriggsNew York Court of Appeals · 1874
- Belknap v. TrimbleNew York Court of Chancery · 1831
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3Cited by10 opinions
- Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
- Matter of Van Etten v. . City of New YorkNew York Court of Appeals · 1919
- Hammond v. Antwerp Light & Power Co.New York Supreme Court · 1928
- Marks v. Ah NeeHawaii Supreme Court · 1964
- Zim v. CohenAppellate Division of the Supreme Court of the State of New York · 1927
5 more not listed; retrieve them via the Exa API.