Weston v. Weston
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles 0. Weston, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 3d day of July, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Monroe Trial Term, and also from an order entered in said clerk’s office on the 3d day of July, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Adams, P. J.:.The original complaint in this action contained but a single count, which was so framed as to render it doubtful whether the pleader intended to allege slander or libel for the plaintiff’s cause of action, and when the case was moved for trial the plaintiff’s counsel, in response to a demand that he be required to elect which cause of action he would proceed to trial upon, said unhesitatingly that he claimed the action was one for libel, whereupon a motion was made to dismiss the complaint upon the ground that it did not state facts sufficient to constitute a cause of action of…
2Cases cited7 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Hamilton v. . EnoNew York Court of Appeals · 1880
- Schoepflin v. . CoffeyNew York Court of Appeals · 1900
- Haney Manufacturing Co. v. PerkinsMichigan Supreme Court · 1889
- Thomas v. SmithNew York Supreme Court · 1894
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3Cited by6 opinions
- Rand v. New York Times Co.Appellate Division of the Supreme Court of the State of New York · 1980
- McCurdy v. HughesNorth Dakota Supreme Court · 1933
- Valentine v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1920
- In Re SimmonsMichigan Supreme Court · 1929
- Stella v. James J. Farley Ass'nNew York Supreme Court · 1953
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