Klebes v. Condon

Defendant-appellant moved to dismiss the complaint as not stating facts sufficient to constitute a cause of action. He appeals from the order denying his motion.

The action was brought in January, 1939, by the public welfare commissioner of the city of Elmira to recover funds expended for the public relief of defendant’s son between December, 1933, and the end of the year 1938. The complaint states: “ That the said Edward Condon is a person for whom defendant was and is hable to support, and defendant has been discovered to have real and personal property.” Defendant’s liability, if any,…