Fernandez v. Fernandez
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, José M. Fernandez 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 29th day of January, 1897, upon the decision of the court rendered after a trial at the New York Special Term overruling his demurrer to the complaint, and also from an order entered in said clerk’s office on the twenty-ninth day of January directing the entry of said…
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Appeal by the defendants, José M. Fernandez 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 29th day of January, 1897, upon the decision of the court rendered after a trial at the New York Special Term overruling his demurrer to the complaint, and also from an order entered in said clerk’s office on the twenty-ninth day of January directing the entry of said judgment.
1Opinion of the Court
Patterson, J.:
This appeal is from an interlocutory judgment overruling the demurrer of the defendant José M. Fernandez, individually and as-executor, etc., of Robert Fernandez, deceased, to the complaint herein. There were three grounds of demurrer assigned : First. That the court has no. jurisdiction of the subject of the action. Second. That the complaint does not state facts sufficient to constitute a cause of action. Third. That two or more causes of action are improperly united. The first ground of demurrer is manifestly not well taken and requires no consideration.
As to the second…
2Cited by3 opinions
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- Steinway v. von BernuthAppellate Division of the Supreme Court of the State of New York · 1903
- Steinway v. Von BernuthAppellate Division of the Supreme Court of the State of New York · 1903