Legal Opinion

Kuypers v. Ministers, Elders & Deacons of the Reformed Dutch Church

New York Court of Chancery

Decided July 18, 1837PublishedCited by 5 opinions

This was an appeal from a decretal order of the vice chancellor of the first circuit overruling the defendant’s demurrer to a part of the discovery sought by the complainant’s bill. The following opinion was delivered by the vice chancellor, upon the hearing before him.

1Opinion of the Court

McCoun, V. C.

The demurrer in this cause is to some parts of the discovery which the bill seeks, but not to the relief. In a bill praying both discovery and relief, the discovery is incidental to the relief; and if a demurrer will not lie as to the relief, it will not, in general, lie as to the discovery. Hence, in a bill of that sort, a defendant cannot pass by the relief, leaving the plaintiff’s right to relief to depend upon the answer and the proofs, and demurr to the discovery; since, if the bill shows such a case as to entitle the plaintiff to relief, it follows that he is entitled to a…

2Cited by5 opinions

  1. Atwill v. FerrettU.S. Circuit Court for the District of Southern New York · 1846
  2. Gorman v. BaniganSupreme Court of Rhode Island · 1900
  3. Glenney v. StedwellNew York Court of Appeals · 1876
  4. Beall v. BlakeSupreme Court of Georgia · 1851
  5. Attorney General ex rel. Marselus v. Ministers of the Reformed Protestant Dutch ChurchNew York Supreme Court · 1861

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