Hillman v. Hillman
New York Supreme Court
Present, Harris, Watson and Gould, Justices. This was an appeal from an order made at special term, overruling the demurrer of the defendant to Ihe plaintiff’s complaint, and granting leave to the defendant to answer, upon payment of the costs of ihe demurrer. The plaintiff is a married woman, and sues by John Anthony, as her next friend.
Read the full summary
Present, Harris, Watson and Gould, Justices. This was an appeal from an order made at special term, overruling the demurrer of the defendant to Ihe plaintiff’s complaint, and granting leave to the defendant to answer, upon payment of the costs of ihe demurrer. The plaintiff is a married woman, and sues by John Anthony, as her next friend. It is alleged in the complaint that, in August, 1834, James Wallace died intestate, and seized of certain real estate in Troy and Lansingburgh, leaving the plaintiff, his widow, and three infant children his heirs at law; that the plaintiff, in March, 1837,…
1Opinion of the Court
By the court—Harris, Justice.
It seems to me that both parties have misapprehended the true character of the complaint, as a pleading. The plaintiff has assumed that she had *459two distinct causes of action, and has presented her facts upon that theory. The defendant, without questioning the fact that two causes of action are set forth in the complaint, has undertaken to show that they are such causes of action as cannot legally be joined in the same suit. The fact is, that the complaint contains but a single cause of action. The plaintiff alleges that the defendant has wrongfully obtained the…
2Cited by8 opinions
- State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1879
- Moore v. JenningsWest Virginia Supreme Court · 1899
- Hodge v. DrakeNew York Supreme Court · 1891
- Nelson v. BurrowsNew York Supreme Court · 1881
- Walsh v. National Broadway BankNew York Court of Common Pleas · 1895
3 more not listed; retrieve them via the Exa API.