Fite v. Miller

The plaintiff’s action is to recover from the defendant money alleged to have been expended by her for necessaries in support of the defendant’s child. The defendant moved at Special Term to dismiss the complaint under rules 106 and 107 of the Buies of Civil Practice. The order appealed, from denied the motion. It does not appear on what grounds or under which rule the denial of the motion was based. We think the denial of the motion under rule 106 to dismiss on the ground that the complaint did not state facts sufficient to constitute a cause of action was error. The complaint was so *13drawn…