Lumb v. Lumb
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, excepting the defendant executor, who is also plaintiff, and his wife, Minnie E. Dumb, from an interlocutory judgment of the'Supreme Court, entered in the. office of the clerk of the county of Dutchess on the 22d day of May, 1912, upon a decision made at Special Term, overruling a demurrer. by the said defendants to the amended complaint.
1Dissent
Burr, J. (dissenting):
1 dissent. Whether plaintiff has actually stated two causes of action or not, he has attempted to do so, and that is enough to make the complaint demurrable if such causes of action may not be united. (Todaro v. Somerville Realty Co., 138 App. Div. 1.) Neither does the fact that in form the complaint does not separately state two causes of action control, if-it does so in substance. (O'Connor v. Virginia Passenger & Power Co., 184 N. Y. 46; Goldberg v. Utley, 60 id. 427; Todaro v. Somerville Realty Co., supra.) As to parcels numbered 1 to 14 inclusive, plaintiff clearly…
2Cases cited2 opinions
- O'Connor v. . Virginia Passenger Power Co.New York Court of Appeals · 1906
- Todaro v. Somerville Realty Co.Appellate Division of the Supreme Court of the State of New York · 1910