Gavazzi v. Dryfoos
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Engelbert Hardt and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of April, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, over- , ruling the said defendants’ demurrer to the amended complaint.
1Opinion of the Court
O’Brien, P. J.:
I am of the opinion that the demurrer should have' been sustained on the ground that the complaint fails to state a cause of action. . n
The plaintiff in his brief upon this appeal admits that the “ action is not brought in aid of an attachment or as a judgment creditor’s action under the Code,” and he claims that, “ irrespective of any statutory provision,” he “ seeks to invoke the inherent power of the court of equity to aid in the enforcement of a lien to which there exists an obstacle which must be removed.”
• I am unable to find in the complaint sufficient facts to authorize…
2Cases cited4 opinions
- Beck v. BurdettNew York Court of Chancery · 1829
- Geery v. . GeeryNew York Court of Appeals · 1875
- MacAuley v. . SmithNew York Court of Appeals · 1892
- Gavazzi v. DryfoosNew York Supreme Court · 1905