Legal Opinion

Kinscherf v. Bistis

New York Supreme Court

Decided November 15, 1918PublishedCited by 2 opinions

Demurrer to complaint.

1Opinion of the CourtManning, J.

The demurrer interposed. by the defendant attacks the validity of the plaintiff’s complaint upon two grounds:

First, that it appears on the face of the complaint that there is a misjoinder of parties plaintiff, and that it appears that the plaintiffs are not united in interest in any demand or demands alleged in the complaint to exist against the defendant.

*127Second, that the complaint does not state facts sufficient to constitute a cause of action. Of course, if the second ground of demurrer is held to be good, then the disposition of the primary objection becomes immaterial, and as I read the…

2Cases cited3 opinions

  1. Livermore v. CraneWashington Supreme Court · 1901
  2. Eells Bros. v. ParsonsSupreme Court of Iowa · 1906
  3. Hevia v. WheelockAppellate Division of the Supreme Court of the State of New York · 1914

3Cited by2 opinions

  1. Tanner Associates, Inc. v. CiraldoSupreme Court of New Jersey · 1960
  2. Ellsworth Dobbs, Inc. v. JohnsonNew Jersey Superior Court Appellate Division · 1966

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