Niehaus v. Niehaus
Appellate Division of the Supreme Court of the State of New York
Appeal by-the defendant, Charles Henry Hiehaus, from a 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 18th day of' March, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint. ■ . .
1Opinion of the Court
Scott, J.:
This is an appeal from an interlocutory judgment overruling a demurrer to the complaint, the point of the demurrer being that the facts, set forth in the complaint will not sustain a suit in equity, but that plaintiff’s remedy lies in an action at law. ' It is not questioned by respondent that she seeks in this action only equitable. relief, nor that the demurrer should' have been sustained If it appears upon the face of the complaint that she has an adequate remedy at law. (Moore v. Coyne, 113 App. Div. 52.) “ ‘ If a party. brings an equitable action evén now, when the same court…
2Cases cited4 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Moore v. CoyneAppellate Division of the Supreme Court of the State of New York · 1906
- Loeb v. . Supreme Lodge, Royal ArcanumNew York Court of Appeals · 1910
3Cited by11 opinions
- Minion v. . WarnerNew York Court of Appeals · 1924
- Sirianni v. SirianniAppellate Division of the Supreme Court of the State of New York · 1961
- Maekotter v. MaekotterNew York Supreme Court · 1911
- Cagan v. CaganNew York Supreme Court · 1968
- Minion v. WarnerAppellate Division of the Supreme Court of the State of New York · 1918
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