Gunn v. Fellows
New York Supreme Court
Appeal from an order of tho Onondaga Special Term, made in January, 1886, denying a motion “ that the plaintiff be required to serve an amended complaint in this action, wherein the plaintiff shall set forth separately in one count and' -number the same, the statement of facts which constitute the cause of action against the defendant for trespass to the real and personal property of plaintiff, and wherein she shall set forth separately in another count and number the same,…
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Appeal from an order of tho Onondaga Special Term, made in January, 1886, denying a motion “ that the plaintiff be required to serve an amended complaint in this action, wherein the plaintiff shall set forth separately in one count and' -number the same, the statement of facts which constitute the cause of action against the defendant for trespass to the real and personal property of plaintiff, and wherein she shall set forth separately in another count and number the same, the facts which constitute her cause of action for assault and battery against the defendant herein, pursuant to the…
1Opinion of the Court
Hardin, P. J.:
Section 483 of the Code of Civil Procedure requires “ the statement of the facts constituting each cause of action ” to be “ separate and numbered,” when “ the complaint sets forth two or more causes of action.” The remedy for an omission to comply with the requirement of that section is by motion and not by demurrer. (Bass v. Comstock, 38 N. Y., 21; S. C,, 36 How., 382; Freer v. Denton, 61 N. Y., 496.) If causes of action are improperly united, the remedy is by demurrer, whether properly separated and numbered or not. (Goldberg v. Utley, 60 N. Y., 427.) The facts stated in the…
2Cases cited11 opinions
- Wilson v. SimpsonSupreme Court of the United States · 1850
- Goldberg v. . UtleyNew York Court of Appeals · 1875
- Freer v. . DentonNew York Court of Appeals · 1875
- Anderson v. HillNew York Supreme Court · 1869
- Bass v. . ComstockNew York Court of Appeals · 1868
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