Hodgins v. Bingham
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Theodore A. Bingham, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of October, 1910, upon the decision of- the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
.McLaughlin, J.:
The defendant demurred to the complaint upon the ground that the facts stated did not constitute a cause of action. The demurrer "Was overruled and he appeals from the interlocutory judgment.
*515It is somewhat difficult to determine just what the plaintiff’s - counsel conceives to be the character of the action. - The allegations of the complaint would seem to indicate that it was to recover- damages for a libel, while the brief presénted by him indicates that it is to recover damages for “ misfeasance or non-feasance of a public officer.” However, it is not very important,…
2Cases cited2 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- People ex rel. Baldwin v. McAdooAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Close v. MatsonCourt of Appeals of Georgia · 1960