Mechanics' Banking Ass'n v. Mariposa Co.
The Superior Court of New York City
This was a motion to amend a judgment for the defendants, dismissing the complaint. This action was one of a class known prior to the passage of the Code of Procedure as an action at law. The issues made by the complaint and answer were tried before a judge and jury.
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This was a motion to amend a judgment for the defendants, dismissing the complaint. This action was one of a class known prior to the passage of the Code of Procedure as an action at law. The issues made by the complaint and answer were tried before a judge and jury. After the plaintiff had rested, the defendants’ counsel moved to dismiss the complaint on several specified grounds, but did not specify among them that the complaint did not state facts sufficient to constitute a cause of action, and the motion was granted. Thereupon, a judgment was entered by the defendants, reciting that the…
1Opinion of the CourtJones, J.
At the time of the decision of this cause, it was the law of this court, that the dismissal of a complaint in an action such as this, and under the circumstances of this dismissal, had no greater or further force than that kind of judgment which, prior to the passage of the Code, was denominated a judgment of nonsuit, and did not bar a subsequent action for the same cause. (Harrison v. Wood, 2 Duer, 50.) This decision has never been distinctly overruled by the Court of Appeals; nor has it been changed or modified by any decision of this court. There cannot be the slightest' doubt of the…
2Cases cited1 opinion
- Harrison v. WoodThe Superior Court of New York City · 1853
3Cited by1 opinion
- Wheeler v. . RuckmanNew York Court of Appeals · 1873