Paxton v. Brogan
New York Supreme Court
Action by Daniel Paxton and John B. Hanchett against Eliza Brogan and others, to restrain a proceeding to obtain revocation of the probate of the will of John Patterson, deceased, theretofore allowed, and for the probate of a a later will. Defendants demur to the complaint, on the grounds that there is a misjoinder of parties defendant, and that,the complaint does not state a cause of action. For former report, see 8 FT. Y. Su'pp. 872. Code Civil Proc. FT.
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Action by Daniel Paxton and John B. Hanchett against Eliza Brogan and others, to restrain a proceeding to obtain revocation of the probate of the will of John Patterson, deceased, theretofore allowed, and for the probate of a a later will. Defendants demur to the complaint, on the grounds that there is a misjoinder of parties defendant, and that,the complaint does not state a cause of action. For former report, see 8 FT. Y. Su'pp. 872. Code Civil Proc. FT. Y. § 488, provides that “defendant may demur to the complaint when one of more of the following objections thereto appear upon the face…
1Opinion of the CourtO’Brien, J.
The Code (section 488) does not authorize a demurrer on the ground of a misjoinder of parties defendant, therefore the first ground of demurrer is overruled.
The second alleged ground of demurrer is that the-complaint does not state facts sufficient to constitute a cause of action as against 'the defendant Eliza Brogan. This ground- of demurrer seems to me to be well taken, for the reasons that may be briefly stated. The complaint asserts no cause of action against Eliza Brogan, and contains no averment showing that she is a necessary or proper party for a complete determination of the action…
2Cited by6 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of ConnellNew York Surrogate's Court · 1912
- Boston Base Ball Ass'n v. Brooklyn Base Ball ClubNew York Supreme Court · 1902
- Walbridge v. Brooklyn Trust Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Dodd v. AndersonNew York Supreme Court · 1908
- Hodge v. DrakeNew York Supreme Court · 1891
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