Wightman v. Wightman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William F. Wightman, from an order of the Supreme Court, made at the New York Special Term and entered in the office" of the clerk of the county of New York on the 13th day of May, 1916, granting a motion to vacate an order for the examination of the defendants before trial.
1Opinion of the Court
Scott, J.:
The plaintiff sues upon two assigned claims against the defendants, who are or were members of a firm doing business as Wightman & Co. The sole ground upon which the motion was granted and practically the sole ground upon which it is sought to be sustained is that the complaint does not state any cause of action.
A motion of this character does not furnish an appropriate occasion, speaking generally, to pass upon the sufficiency of a pleading. Sometimes, of course, a pleading will be found that is so obviously bad that no reasonable argument can be made in behalf of its sufficiency.…
2Cited by4 opinions
- Moffat v. Phœnix Brewery Corp.Appellate Division of the Supreme Court of the State of New York · 1936
- Hirshhorn v. HirshhornAppellate Division of the Supreme Court of the State of New York · 1951
- Honor Brand Milling Co. v. RobinsonNew York Supreme Court · 1948
- In re the Will of RothchildAppellate Division of the Supreme Court of the State of New York · 1946