Kennagh v. McColgan
New York Supreme Court
Appeal from special term, Sew York county. Action by William 3?. Kennagh against Elizabeth McColgan, as executrix of John McColgan, deceased. An order was made overruling a demurrer to the answer of the defendant, and the plaintiff appeals.
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Appeal from special term, Sew York county. Action by William 3?. Kennagh against Elizabeth McColgan, as executrix of John McColgan, deceased. An order was made overruling a demurrer to the answer of the defendant, and the plaintiff appeals. The following are the provisions of Code Civil Proc. 3ST. Y., referred to in the opinion: Section 532 provides that “in pleading a judgment, or other determination of a court or officer of special jurisdiction, it is not necessary to state the facts conferring jurisdiction, but the judgment or determination may be stated -to have been duly given or made. ”…
1Opinion of the CourtBartlett, J.
The court below treated the demurrer as a demurrer to the Whole answer. In terms, however, the plaintiff demurred “to each and every defense contained in the answer of the defendant.” I think the effect of a *231demurrer in this form was the same as though the plaintiff had demurred separately to each defense, and as though the demurrer had read: “The plaintiff demurs to the first defense contained in the answer on the ground that said defense is insufficient in law on the face thereof. The plaintiff demurs to the second defense contained in the answer on the ground that said defense is…
2Cases cited1 opinion
- In re Morey's EstateNew York Supreme Court · 1888
3Cited by3 opinions
- Drake v. SatterleeNew York Supreme Court · 1891
- Paddock v. GuyderNew York Supreme Court · 1893
- Paddock v. GuyderNew York Supreme Court · 1893