Legal Opinion
Manning v. Wells
New York Supreme Court
Decided May 15, 1894Published
Demurrer to complaint.
1Opinion of the CourtForbes, J.
The defendant in this action demurs to the complaint, and "states as the ground thereof: “ That it appears upon the face of said complaint that the said complaint does not state facts sufficient to constitute a cause of action.”
The test in this case is : Is the complaint sufficient to warrant a recovery against the defendant upon the facts stated therein; or, in other words, does the complaint state a cause of action? Milliken v. Western Un. Tel. Co., 110 N. Y. 403.
A demurrer admits only such relevant facts as are well pleaded; it does not admit a legal conclusion. Masterson v. Townshend, 123…
2Cases cited13 opinions
- Kain v. . LarkinNew York Court of Appeals · 1894
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Milliken v. Western Union Telegraph Co.New York Court of Appeals · 1888
- Masterson v. . TownshendNew York Court of Appeals · 1890
- Kain v. . LarkinNew York Court of Appeals · 1892
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