Barnes v. Smith
The Superior Court of New York City
Appeal from an order sustaining a demurrer to the complaint. This action was brought by L. F. Barnes against Thomas B. Smith. The complaint contained three statements of causes of action. The first set forth a judgment obtained by Thomas Bidgway against defendant and John Gr. Diamond and John Smith, in the Common Pleas of Pike county, Pennsylvania. The second set forth a like judgment against defendant and John Gr. Diamond.
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Appeal from an order sustaining a demurrer to the complaint. This action was brought by L. F. Barnes against Thomas B. Smith. The complaint contained three statements of causes of action. The first set forth a judgment obtained by Thomas Bidgway against defendant and John Gr. Diamond and John Smith, in the Common Pleas of Pike county, Pennsylvania. The second set forth a like judgment against defendant and John Gr. Diamond. The third set forth a like judgment against defendant alone. The defendant demurred, first, to the whole complaint, on the ground that several causes of action had been…
1Opinion of the Court
By the Court.*—Mohuriee, J.
The complaint alleges the recovery of three judgments in the State of Pennsylvania, by one Ridgway; the first on the 17th of February, 1858, against the defendant and one John Smith and John G. Diamond; the second on the 18th of December, I860, against the defendant and John G. Diamond; and the third against the defendant alone, on the 18th of December, 1860.
It must be obvious that the complaint must be sustained, if at all, under subdivision 1st or 2d of section 167 of the Code, and quite clearly it is not embraced within the former. If it is sought to bring the…
2Cited by3 opinions
- Lewis v. AdamsCalifornia Supreme Court · 1886
- Childs v. Harris Manufacturing Co.Wisconsin Supreme Court · 1887
- Percha v. MayorNew York Court of Appeals · 1888