Willis v. Havemeyer
The Superior Court of New York City
This action came before the court on an appeal, by the plaintiff, from a judgment in favor of the defendant, upon a demurrer interposed by the defendant to the plaintiff’s reply to the defendant’s answer.
Read the full summary
This action came before the court on an appeal, by the plaintiff, from a judgment in favor of the defendant, upon a demurrer interposed by the defendant to the plaintiff’s reply to the defendant’s answer. The action was commenced on the 28th of December, 1850. The answer was served on the 27th of January, 1851. The reply on the 21st of February, 1851. The demurrer on the 17th of March, 1851. It was tried before Mr. Justice Duer, in October, 1851. The pleadings are as follows: Complaint.—The plaintiff complains against the defendant, for that the defendant, on or about the sixth day of…
1Opinion of the Court
Mr. Justice Duer assigned the following reasons, in support of the judgment, which he ordered:—
By the Court. Duer, J.
Upon an attentive consideration of the pleadings, in this case, and of the law applicable thereto, I am satisfied, contrary to my impressions upon the hearing, that the demurrer to the reply must be allowed. The following are, briefly, the grounds of my decision:
1. That the jurisdiction of the defendant, as mayor of the city is sufficiently alleged in the answer, and that these allegations are not denied in the reply. I must, therefore, consider the original jurisdiction as…
2Cited by2 opinions
- Hardy v. AkerlyNew York Supreme Court · 1867
- Michigan v. Phœnix BankThe Superior Court of New York City · 1859