Cashman v. Reynolds
New York Supreme Court
Appeal from special term, New York county. Action by Michael H. Cashman against Hugh M. Reynolds and Bridget M. Reynolds, commenced by service of summons and complaint upon defendants on Hovember 8, 1889. On Hovember 27, 1889, the defendants were granted an extension of six days in which to answer or demur. On December 5, 1889, defendants interposed a demurrer to the original complaint, and on December 7, 1889, plaintiff served an amended complaint upon defendants.
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Appeal from special term, New York county. Action by Michael H. Cashman against Hugh M. Reynolds and Bridget M. Reynolds, commenced by service of summons and complaint upon defendants on Hovember 8, 1889. On Hovember 27, 1889, the defendants were granted an extension of six days in which to answer or demur. On December 5, 1889, defendants interposed a demurrer to the original complaint, and on December 7, 1889, plaintiff served an amended complaint upon defendants. On December 27,1889, a joint demurrer by defendants was served, on the ground that causes of action had been improperly united.…
1Opinion of the CourtBarrett, J.
This order should be affirmed upon the authority of Smith v. Laird, 44 Hun, 530, and Wise v. Gessner, 47 Hun, 306. I desire, however, as I did not take part in these decisions, to express my full concurrence in the views therein expressed. The previous authorities are there sufficiently analyzed; and I find no general term case later than Wise v. Gessner taking a *615different view of the question under consideration, save Robostelli v. Noxon, 5 N. Y. Supp. 315. The latter case was decided by the general term of the second department, and that court (Mr. Justice Pratt delivering the principal…
2Cases cited2 opinions
- White v. Mayor of New YorkThe Superior Court of New York City · 1857
- Robostelli v. NoxonNew York Supreme Court · 1889
3Cited by5 opinions
- Fusco v. AdamCity of New York Municipal Court · 1890
- Stewart v. BlatchleyNew York Supreme Court · 1893
- Bartlett v. BunnNew York Supreme Court · 1889
- Crowley v. La BrakeAppellate Division of the Supreme Court of the State of New York · 1911
- Thomas Manufacturing Co. v. ErlandsonNorth Dakota Supreme Court · 1915