Knapp v. . the City of Brooklyn
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Oourt, in the second judicial department, entered upon an order made December 12, 1882, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 28 Hun, 500.) The substance of the pleadings is set forth in the opinion.
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Appeal from a judgment of the General Term of the Supreme Oourt, in the second judicial department, entered upon an order made December 12, 1882, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. (Reported below, 28 Hun, 500.) The substance of the pleadings is set forth in the opinion. On demurrer a complaint is deemed to allege- what can be implied from the allegation therein by reasonable and fair intendment and facts impliedly averred, are traversable in the same manner as though directly averred. (Marie v. Garrison, 83…
1Opinion of the CourtFinch, J.
The demurrer to the complaint in this action has been sustained upon two grounds, one of which leaves the pleading defective, but capable of correction, while the other, if approved, threatens the right of action itself, and possibly renders a dismissal of the complaint inevitable. The first ground is that no facts constituting a cause of action are alleged, but instead a legal conclusion is pleaded. The object of the suit is to vacate so much of a paid assessment as constitutes an illegal or fraudulent increase, and to recover back such excess. The action is maintainable if there be, in a…
2Cases cited5 opinions
- Dexter & Limerick Plank Road Co. v. AllenNew York Supreme Court · 1852
- Strusburgh v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Butler v. VieleNew York Supreme Court · 1861
- Board of Excise of Westchester v. CurleyNew York Court of Appeals · 1877
- Clark v. BoweThe Superior Court of New York City · 1880
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- Van Pelt v. HilliardSupreme Court of Florida · 1918
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
- People ex rel. Cant v. CrossleyIllinois Supreme Court · 1913
- Phœnix Assurance Co. v. Fire DepartmentSupreme Court of Alabama · 1897
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