Warren v. . Parkhurst
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 13, 1905, which affirmed an interlocutory judgment of the court at a Trial Term overruling a demurrer to the complaint.
Read the full summary
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 13, 1905, which affirmed an interlocutory judgment of the court at a Trial Term overruling a demurrer to the complaint. The demurrer specified two objections : First, that the complaint did not state facts sufficient to constitute a cause of action; and, second, that causes of action had been improperly united, the specific defect of the complaint in this respect being stated to be “ multifariousness, in that it commingles and blends certain alleged causes of…
1Opinion of the CourtWillard Bartlett, J.
This action is brought against forty defendants in the city of Glovers ville. Some of them are corporations, some are sued simply as individuals, and others are sued as members of copartnerships. Most of them are engaged in business as tanners and eolorers of skins and manufacturers of leather.
The material allegations of the complaint may fairly be summarized as follows: The defendants, for a period of six years, have been carrying on business on the premises of each, which premises are situate on or near Cayadutta creek and the headwaters thereof, which creek, but for the wrongful acts of…
2Cases cited10 opinions
- People v. Gold Run Ditch & Mining Co.California Supreme Court · 1884
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Miller v. Highland Ditch Co.California Supreme Court · 1891
- Montecito Valley Water Co. v. City of Santa BarbaraCalifornia Supreme Court · 1904
- Sloggy v. DilworthSupreme Court of Minnesota · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- City of New York v. A-1 Jewelry & Pawn, Inc.District Court, E.D. New York · 2007
- Board of Drainage Com'rs v. Board of Drainage Com'rsMississippi Supreme Court · 1922
- Ladew v. Tennessee Copper Co.U.S. Circuit Court for the District of Eastern Tennessee · 1910
- National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
- Parkway, Inc. v. United States Fire InsuranceMassachusetts Supreme Judicial Court · 1943
16 more not listed; retrieve them via the Exa API.