Hunt v. Armstrong
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Paul Armstrong, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 30th day of September, 1914, denying the defendant’s motion for judgment on the pleadings after issue had been joined by the service of an answer.
1Opinion of the Court
Clarke, J.:
The main ground of the motion for judgment upon the. pleadings urged by the appellant is that the complaint is fatally defective in that causes of action are improperly united. The pleadings consist of a complaint and an answer. Section 488 of the Code of Civil Procedure provides: “ The defendant may demur to the complaint, where one or more of the following objections thereto appear upon the face thereof: * * * 7. That causes of action have been improperly united. 8. That the complaint does not state facts sufficient to constitute a cause of action.”
Section 49 8 provides: “Where…
2Cases cited4 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Shaw v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Isear v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1899
- Erie Basin Improvement Co. v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Kornblum v. Commercial Advertiser Ass'nAppellate Division of the Supreme Court of the State of New York · 1918
- People v. S. W. Straus & Co.New York Supreme Court · 1935
- Liebster v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1920
- Spielberg v. Canada Steamship Lines, Ltd.New York Supreme Court · 1917