Vlasto v. Varelopoulos
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Panaghiote Yarelopoulos and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of April, 1902, overruling the defendants’ amended demurrer to the complaint upon the ground that said demurrer was frivolous.
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Appeal by the defendants, Panaghiote Yarelopoulos and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of April, 1902, overruling the defendants’ amended demurrer to the complaint upon the ground that said demurrer was frivolous. The action was brought to recover damages for an alleged libel, and the demurrer was taken upon the ground that the complaint does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Per Curiam :
The amended demurrer is in the form prescribed by subdivision 8, section 488 of the Code of Civil Procedure. By section 490 the pleader is authorized to state the grounds of his demurrer in the language specified in subdivision 8, above cited, and when so made it may not be disregarded. There is no defect of form in this demurrer, and as such form is specifically authorized by the Code it is at least a matter of doubt whether there is any power in the court to strike it out as frivolous. (Wayland v. Tysen, 45 N. Y. 281; *146Barrie v. Yorston, 35 App. Div. 404.) Aside from this…
2Cases cited3 opinions
- Wayland v. . TysenNew York Court of Appeals · 1871
- Henriques v. TrowbridgeAppellate Division of the Supreme Court of the State of New York · 1898
- Barrie v. YorstonAppellate Division of the Supreme Court of the State of New York · 1898