Legal Opinion
Kibbe v. City of Rochester
District Court, W.D. New York
Decided March 23, 1932PublishedCited by 8 opinions
1Opinion of the Court
KNIGHT, District Judge.
This is the return of a motion by defendant for judgment on the pleadings, on the ground that the complaint does not state a cause of action.
Tho motion is made under section 476 of the Civil Practice Act and rule 112 of the Rides of Civil Practice of tho state of New York. These provide that the court may, on motion, give judgment at any stage of an action, if warranted by the pleadings. A question of law only can be determined on this motion, and for the purposes thereof tho allegations of the complaint are deemed fc> he true. Tho complaint alleges that plaintiffs are…
2Cases cited35 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Colton v. ColtonSupreme Court of the United States · 1888
- Jones v. HabershamSupreme Court of the United States · 1883
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
30 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Noel v. OldsCourt of Appeals for the D.C. Circuit · 1943
- Sawyer v. HuffIdaho Supreme Court · 1963
- In Re Eggan's EstateIdaho Supreme Court · 1963
- State v. CoerverArizona Supreme Court · 1966
- Board of Trustees, Nprt. Pub. Lib. v. City of Nprt.Court of Appeals of Kentucky (pre-1976) · 1945
3 more not listed; retrieve them via the Exa API.