Thomas v. Smith
New York Supreme Court
Appeal from circuit court, Kings county. Action by Margaret L. Thomas against Mary Smith for libel. The complaint was dismissed on the trial, and plaintiff appeals. Reversed.
1Opinion of the CourtPratt, J.
This is an appeal from a judgment entered on dismissal of the complaint, on a motion made after the jury had been impaneled, and before the case was opened, upon the ground that the complaint failed to set forth a cause of action. It was in effect a demurrer. As matter of law, defendant had a right to make such *590motion, but the practice is not to be commended as a careful and deliberate method of securing justice upon a trial. Had a demurrer been interposed, plaintiff's counsel would have been apprised of the fault, if any, in his complaint, and had time to prepare for argument, ■or take…
2Cases cited1 opinion
- Salisbury v. . HoweNew York Court of Appeals · 1881
3Cited by11 opinions
- Munafo v. HelfandDistrict Court, S.D. New York · 1956
- Lee v. PostonSupreme Court of North Carolina · 1951
- Weston v. WestonAppellate Division of the Supreme Court of the State of New York · 1903
- Prussing v. JacksonAppellate Court of Illinois · 1899
- In re the Estate of PayneNew York Surrogate's Court · 1936
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