Morrell v. Brooklyn Borough Gas Co.

Defendant has not answered but has demurred to the complaint on the ground that it fails to state a cause of action. If the demurrer is well taken plaintiff, of course, is not entitled to the injunction which he seeks upon this motion. On the other hand, by not answering defendant admits the allegations of fact in the complaint, and consequently the affidavits which defendant submits in opposition to plaintiff’s motion for an injunction cannot be considered in so far as they deny or contradict the facts alleged in the complaint.

The complaint is subject to criticism in that in form it is…