Kinscherf v. Bistis
New York Supreme Court
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
- Livermore v. CraneWashington Supreme Court · 1901
- Eells Bros. v. ParsonsSupreme Court of Iowa · 1906
- Hevia v. WheelockAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by2 opinions
- Tanner Associates, Inc. v. CiraldoSupreme Court of New Jersey · 1960
- Ellsworth Dobbs, Inc. v. JohnsonNew Jersey Superior Court Appellate Division · 1966