Stearns v. Lichtenstein
Appellate Division of the Supreme Court of the State of New York
Appeal by,the defendants, Melvin Lichtenstein and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 20th day of April, 1899, upon the decision of the court rendered after a trial at the New York Special Term overruling a demurrer to the supplemental complaint of the plaintiffs, interposed ' on the ground that it did not facts sufficient to constitute a cause of action.'…
Read the full summary
Appeal by,the defendants, Melvin Lichtenstein and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 20th day of April, 1899, upon the decision of the court rendered after a trial at the New York Special Term overruling a demurrer to the supplemental complaint of the plaintiffs, interposed ' on the ground that it did not facts sufficient to constitute a cause of action.' This appeal was transferred from the first department to the-second department.
1Opinion of the Court
Willard Bartlett, J.:
Under section 544 of the Code of Civil Procedure a party may apply for leave to make a supplemental pleading, either in addition to or in the place of the former pleading. While there has been some diversity of judicial opinion as to whether a demurrer may be interposed to a supplemental complaint which is additional to the original complaint and leaves the original complaint still standing as a pleading in the action, we think it clear that when the supplemental complaint comes into the case in lieu of the original, it may be attacked by demurrer in the same manner.
The…
2Cases cited3 opinions
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Lewis v. . SeaburyNew York Court of Appeals · 1878
- Stowell v. Greenwich InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by12 opinions
- Baron v. BrownDistrict Court, S.D. New York · 1949
- Sayer v. BeirneAppellate Division of the Supreme Court of the State of New York · 1903
- Block v. NussbaumAppellate Division of the Supreme Court of the State of New York · 1914
- Sayer v. BeirneAppellate Division of the Supreme Court of the State of New York · 1903
- Tatum v. FarsonAppellate Division of the Supreme Court of the State of New York · 1916
7 more not listed; retrieve them via the Exa API.