Montgomery v. Boyd
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by James E. Montgomery against Robert N. Boyd and others. From a judgment dismissing the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtPatterson, J.
The complaint in this action was dismissed at the trial on the pleadings and on the opening of the plaintiff’s counsel. Those pleadings, and the schedules annexed thereto, and the opening address of the plaintiff’s counsel, constitute a record of nearly 300 pages of printed matter, and relate to transactions of a very complicated character, with very extended ramifications. It is true that a great deal of the matter contained in the pleadings may be discarded as surplusage. There is difficulty in separating the useful from the useless, but utile per inutile non vitiatur.
The practice of…
2Cases cited12 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Cates v. AllenSupreme Court of the United States · 1893
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- McNamara v. DwyerNew York Court of Chancery · 1838
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Manley v. MayerSupreme Court of Kansas · 1904