Delcambre v. . Delcambre
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 7, 1912, which affirmed a final judgment entered after affirmance of an interlocutory judgment of the Special Term sustaining a demurrer to the complaint by the. defendant, the City of Mount Vernon, upon the ground that it does not state facts sufficient to constitute a cause of action and dismissed the complaint as against the said city.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered March 7, 1912, which affirmed a final judgment entered after affirmance of an interlocutory judgment of the Special Term sustaining a demurrer to the complaint by the. defendant, the City of Mount Vernon, upon the ground that it does not state facts sufficient to constitute a cause of action and dismissed the complaint as against the said city. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint states facts sufficient to constitute…
1Opinion of the CourtChase, J.
This action is brought to partition certain lands in the city of Mount Vernon, town of Eastchester, county of Westchester. The territory composing the city of Mount Vernon was taken from the town of Eastchester and said city is the successor of the village of Mount Vernon and succeeded to all the rights and liabilities of said village, and by its charter it is expressly given power to sue and be sued. (Laws of 1892, chapter 182, secs. 1 and 4.)
The complaint alleges that the plaintiff and the defendant Hohenstein are the owners in common of the lands sought to be partitioned. The city of Mount…
2Cases cited14 opinions
- Weston v. . StoddardNew York Court of Appeals · 1893
- Satterlee v. . KobbeNew York Court of Appeals · 1903
- Wallace v. . McEchronNew York Court of Appeals · 1903
- Caldwell v. TaggartSupreme Court of the United States · 1830
- Townsend v. . BogertNew York Court of Appeals · 1891
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3Cited by5 opinions
- New Era Electric Range Co. v. SerrellNew York Court of Appeals · 1929
- Milliner v. MorrisAppellate Division of the Supreme Court of the State of New York · 1927
- American Tri-Ergon Corp. v. Ton-Bild Syndikat, A. G.Appellate Division of the Supreme Court of the State of New York · 1934
- In re JonesAppellate Division of the Supreme Court of the State of New York · 1917
- O'Neil v. MurrayNew York Supreme Court · 1922