Freeman v. Dutcher
New York Supreme Court
Demurrer to the complaint. Bnrtis Freeman, as executor, brought this action against Abram Butcher on a judgment, for $84.51. The complaint alleged the recovery of the judgment in this court January 23,1884, by the plaintiff’s testator against the defendant; that the testator died September 25, 1884, leaving a last will and testament, which had been duly proved and admitted to probate; that the plaintiff was the executor thereof; that such judgment remained unpaid and that no…
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Demurrer to the complaint. Bnrtis Freeman, as executor, brought this action against Abram Butcher on a judgment, for $84.51. The complaint alleged the recovery of the judgment in this court January 23,1884, by the plaintiff’s testator against the defendant; that the testator died September 25, 1884, leaving a last will and testament, which had been duly proved and admitted to probate; that the plaintiff was the executor thereof; that such judgment remained unpaid and that no execution had been issued thereon. These facts were averred in detail and with all necessary particularity ; and relief…
1Opinion of the Court
Bockes, J.[After stating the facts.]
The only ground of objection to the complaint stated in the demurrer, is that given by subdivision 8 of section 488 of the Code of Civil Procedure, to wit: that the complaint does not state facts sufficient to constitute a cause of action. .
The points urged by the defendant’s counsel are, that the complaint contains no averment of liberty from the court to sue on the judgment; and that by section 1376 of the Code of Civil Procedure (see also section 283 of former Code, as amended in 1866), the plaintiff may have execution on the judgment in suit without new…
2Cases cited6 opinions
- Scofield v. . DoscherNew York Court of Appeals · 1878
- Lane v. . SalterNew York Court of Appeals · 1872
- Jay v. MartineThe Superior Court of New York City · 1853
- Wheeler v. DakinNew York Supreme Court · 1856
- Smith v. BrittonNew York Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Honeyman v. HananNew York Court of Appeals · 1937
- Varnum v. TaylorNew York Supreme Court · 1891
- Hauselt v. FineNew York Supreme Court · 1886
- Cornell v. DonovanCity of New York Municipal Court · 1886
- Knapp v. ValentineNew York Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.