Lattin v. . McCarty
New York Court of Appeals
Appeal by the plaintiff from the judgment of the General Term of the Supreme Court in the fifth district, affirming a judgment of the Special Term sustaining a demurrer to the complaint. The demurrer was at first stricken out as frivolous at Special Term in the seventh district; but on appeal to the General Term, this was reversed (17 How., 140), and the demurrer then argued at the Special Term in the fifth district with the result already stated.
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Appeal by the plaintiff from the judgment of the General Term of the Supreme Court in the fifth district, affirming a judgment of the Special Term sustaining a demurrer to the complaint. The demurrer was at first stricken out as frivolous at Special Term in the seventh district; but on appeal to the General Term, this was reversed (17 How., 140), and the demurrer then argued at the Special Term in the fifth district with the result already stated. A deed of certain premises in the city of Auburn, was executed by E. Corning, to the defendant, Michael McCarty, at the request of Stanford, who…
1Opinion of the Court
Hunt, Ch. J.
The demurrer of the defendant, McCarty, was sustained, on the ground that inconsistent causes of action were included in the complaint. This decision was erroneous.
1. The complaint contains but a single cause of action, to wit: For relief against the deed under which McCarty fraudulently obtained possession. It is quite true that while the purpose of the complaint is single, it seeks to accomplish that result by several operations. It seeks to have the fraudulent deed set aside, and when that is done, it will follow that,the plaintiff shall be awarded the possession of the…
2Cited by35 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- DeLacy v. Hurst, Purnell & Co.Supreme Court of Georgia · 1889
- Young v. VailNew Mexico Supreme Court · 1924
- In re StarrAppellate Division of the Supreme Court of the State of New York · 1935
- Ader v. BlauNew York Court of Appeals · 1925
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