St. John v. Pierce
New York Supreme Court
PPEAL by the defendant from an order made at a special term, overruling a demurrer to the complaint. The complaint was as follows : The above John Henry Herbert St. John, (an infant under the age of twenty-one years, by Beverly Bobinson, his guardian,) Henry Joseph St. John and Ferdinand St. John, plaintiffs in this action, show to the court, that the plaintiffs, John Henry Herbert, Henry Joseph and Ferdinand above named, on or about the first day of May, one thousand eight…
Read the full summary
PPEAL by the defendant from an order made at a special term, overruling a demurrer to the complaint. The complaint was as follows : The above John Henry Herbert St. John, (an infant under the age of twenty-one years, by Beverly Bobinson, his guardian,) Henry Joseph St. John and Ferdinand St. John, plaintiffs in this action, show to the court, that the plaintiffs, John Henry Herbert, Henry Joseph and Ferdinand above named, on or about the first day of May, one thousand eight hundred and forty-five, were possessed of a certain lot or tract of land situated in the town of Naples, in the county…
1Opinion of the CourtE. Darwin Smith, J.
The complaint in this action is confessedly in the form of a declaration in ejectment under the revised statutes. Before the revised statutes, by counting upon demises from different lessors, the plaintiff might claim and recover on different titles, and insert in his declaration as many counts as he pleased. The revised statutes abolished the use of fictitious names of plaintiffs and defendants, and of the names of any others than the real claimants and the real defendants, and the statement of any lease or. demise to the plaintiff, and of an ejectment by any casual ejector. (2 R. /S'. 304,…
2Cases cited1 opinion
- Oldfield v. MarriottSupreme Court of the United States · 1851
3Cited by6 opinions
- Birdseye v. SmithNew York Supreme Court · 1860
- Hubbell v. . LerchNew York Court of Appeals · 1874
- Purton v. WatsonCity of New York Municipal Court · 1888
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933
- Hubbell v. LerchNew York Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.