Millard v. Delaware, Lackawanna & Western Railroad

Van Kirk, J.:

In this opinion we shall speak of the defendant, appellant, as the defendant.

Two leases of coal lands, with rights to take the coal, are involved in this action. A complaint was served, in which two causes of action were stated, one under each lease. The defendant applied to the Special Term for an order that plaintiffs be required to serve an amended complaint wherein they shall state separately, and number their statements of facts constituting, each cause of action, claiming that in each cause of action as stated there were in fact four separate causes of action. The court…