Kley v. . Healy
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of Hew York, entered upon an order made May 9, 1889, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This was an action to procure the cancellation of a satisfaction of a judgment upon the ground that it was obtained by fraud and for other relief. The material facts appear in the opinion.
1Opinion of the CourtVakh, J.
Hpon the trial of this action the complaint was dismissed “ on the opening of the plaintiff’s attorney and on the ground that the complaint did not state facts sufficient to constitute a cause of action.” The appeal-book, however, does not disclose what was said in opening the case, but certain “ offers to prove,” made in behalf of the plaintiff, apparently as a safe-guard against the motion to dismiss, are specifically set forth.
It has .recently been held by this court that “ where a complaint is dismissed on the opening of counsel, all the facts referred to in his opening, or offers of…
2Cases cited8 opinions
- Brackett v. . GriswoldNew York Court of Appeals · 1889
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Fisher v. . BishopNew York Court of Appeals · 1888
- Tisdale v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1889
- Sheridan v. . JacksonNew York Court of Appeals · 1878
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3Cited by82 opinions
- Adams v. . GilligNew York Court of Appeals · 1910
- Continental Securities Co. v. . BelmontNew York Court of Appeals · 1912
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Flynn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1899
- Matteson v. WagonerCalifornia Supreme Court · 1905
77 more not listed; retrieve them via the Exa API.