M'Intosh v. M'Intosh
New York Supreme Court
The plaintiff, by her next friend, filed her complaint in this case against her husband, the defendant, praying relief against him; first, for an absolute divorce on the ground of adultery; and secondly, for a limited divorce, on the ground of cruel and inhuman treatment. The defendant interposed a demurrer to the complaint, on the ground that several causes of action had been improperly united.
1Opinion of the Court
Bacon, Justice.
It is not claimed on the part of the plaintiff that the causes of action, which are united in the complaint, come within the scope of the.first subdivision of § 167 of the Code, which provides for such union of causes when they *290“ arise out of the same transaction, or transactions, connected with the same subject of action.”
But it is insisted that the case falls within the terms and intent of the third subdivision of the section which authorizes such union when the cause of action arises out of “ injuries, with or without force, to person and property, or either.”
The second…
2Cases cited1 opinion
- Smith v. SmithNew York Court of Chancery · 1833
3Cited by10 opinions
- Baker v. BakerNew York Supreme Court · 1885
- Conrad v. ConradAppellate Division of the Supreme Court of the State of New York · 1908
- Henry v. HenryThe Superior Court of New York City · 1864
- Blair v. BlairNew York Supreme Court · 1913
- Van Benthuysen v. Van BenthuysenNew York Supreme Court · 1888
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