Legal Opinion

Smith v. Siblich

Superior Court of Buffalo

Decided February 2, 1891Published

On a demurrer to the complaint. Action by Caroline Smith and others against Mary Siblich and others.

1Opinion of the CourtBeckwith, C. J.

This is an action for the partition of lands situated in "this city. The issue of law presented for our consideration is raised by a demurrer interposed to the complaint by Peter Gasz, one of the defendants. The objection specified is “a defect of parties to the action,” and the par*906ticular defect pointed out is that D. G- Jackson, mentioned in the complaint, is not made a party. There is an allegation in the complaint that Michael Striek,.at a date-mentioned, conveyed by deed all his interest in the premises-sought to be partitioned to his son, Andrew Stride, “subject, however, as expressed…

2Cases cited4 opinions

  1. Smith v. SmithNew York Court of Chancery · 1843
  2. Wotten v. CopelandNew York Court of Chancery · 1823
  3. Wallace & La Tourette v. EatonNew York Supreme Court · 1850
  4. Sebring v. MersereauCourt for the Trial of Impeachments and Correction of Errors · 1827

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