de Bussierre v. Holladay
New York Supreme Court
Motion made by defendants’ counsel upon the opening of the case by the plaintiff’s counsel, and before any proof was offered, to dismiss the complaint.
1Opinion of the CourtVan Vorst, J.
Various grounds are urged for the dismissal of the complaint, but they in the end assume the formal statement made by the counsel for one of the defendants that this being an equitable and not an action at law it does not state a case proper for the consideration of a court of equity.
The same objection, in substance, is interposed by the counsel of another defendant of want of jurisdiction of the court to hear the case, and, further, that the complaint fails to state facts sufficient to constitute a cause of action. These objections are supplemented by the statement that if the plaintiff is…
2Cases cited12 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Truscott v. . KingNew York Court of Appeals · 1852
- Grandin v. Le Roy & SmythNew York Court of Chancery · 1831
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
- Colton v. RossNew York Court of Chancery · 1831
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3Cited by8 opinions
- Powell v. . WaldronNew York Court of Appeals · 1882
- Kaufman v. WienerIllinois Supreme Court · 1897
- Newell v. Manhattan Railway Co.New York Supreme Court · 1894
- Adams v. BeckerNew York Supreme Court · 1888
- Adams v. BeckerNew York Supreme Court · 1889
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