Churchman v. Merritt
New York Supreme Court
Appeal from special term, Hew York county. Action by Anna E. Churchman against Hannah P. Merritt and others. From an order for the examination of defendants before trial, and also from a decision refusing to vacate such order, the defendants appeal.
1Opinion of the Court
ON APPEAL FROM ORDER OF DISCOVERY.
Van Brunt, P. J.
The principal objection taken to the order is that the affidavit upon which it is founded states no facts from which the court can see that the plaintiff has a cause of action. This objection seems to be entirely well taken. The only allegation from which the nature of the cause of action can be inferred is as follows: “ That this action is brought to reform two written instruments, to-wit: Eirst, a mortgage; * * * and, second, the bond secured by said mortgage. The complaint will ask for an injunction, and for other equitable relief.” In what…
2Cases cited1 opinion
- Glenney v. . StedwellNew York Court of Appeals · 1876
3Cited by6 opinions
- In re the Moto Bloc Import Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Tenoza v. Pelham Hod Elevating Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Byrnes v. LadewNew York Supreme Court · 1896
- Fluchtwanger v. DessarNew York Supreme Court · 1889
- Mulhern v. Circuit JudgeMichigan Supreme Court · 1897
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