Hopper v. Erslev
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by John J. Hopper against Conrad Muller, Jr., Anna Hauff, Victor P. P. Erslev, and Edwin S. Updike, Sr., on a bond. From an order overruling as frivolous a demurrer to the complaint, defendants Erslev and Updike appeal.
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Appeal from special term. Action by John J. Hopper against Conrad Muller, Jr., Anna Hauff, Victor P. P. Erslev, and Edwin S. Updike, Sr., on a bond. From an order overruling as frivolous a demurrer to the complaint, defendants Erslev and Updike appeal. The complaint alleges as follows: “(1) That on or about March 28, 1891, the plaintiff filed in the office of the clerk of the city and county of New York a notice of lien, pursuant to the provisions of chapter 342, Laws of 1855 of the state of New York, and its amendments, wherein he claimed a lien to the amount of $973.50 for materials…
1Opinion of the CourtDugro, J.
This is an appeal from a judgment for plaintiff entered upon an order overruling a demurrer to the complaint as frivolous. The order is brought up for review by the notice of appeal. Unless the demurrer is clearly bad upon its face, it should not have been overruled upon the motion. The failure to state in the complaint the amount of the bond, the person to whom it was made, the court wherein the judgment was obtained, and that it was duly rendered, and other omissions, make the plaintiff’s success upon a trial very doubtful. We are by no means certain that the demurrer is not good.
Judgment…
2Cited by1 opinion
- Hopper v. ErslerThe Superior Court of the City of New York and Buffalo · 1894