O'Brien v. . Fitzgerald
New York Court of Appeals
Appeal, upon questions certified for review, from judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 18, 1896, which affirmed an interlocutory judgment in favor of defendant entered upon a decision of the court on trial at Special Term, sustaining a demurrer to the complaint.
1Opinion of the Court
Judgment affirmed, with costs, on the opinion below, and the questions answered as follows:
1st. Whether the amended complaint in this action sets forth a cause of action in equity. Answer, no.
2d. Whether there has been an improper joinder of causes of action in the amended complaint herein. Answer, yes.
Concur — Gray, O’Brien, Bartlett and Vann, JJ.
Dissent — Andrews, Ch. J., Haight and Martin, JJ.
2Cited by16 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Emerson v. GaitherCourt of Appeals of Maryland · 1906
- Dykman v. . KeeneyNew York Court of Appeals · 1897
- Cwerdinski v. BentAppellate Division of the Supreme Court of the State of New York · 1939
- Gray v. FullerAppellate Division of the Supreme Court of the State of New York · 1897
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