Hauselt v. Fine

In this case I am of the opinion:

First. That the order made by Mr. Justice Van Brunt sustaining the previous demurrer does the preclude me from examining the questions raised upon the present demurrers. 0 If reference is had to the opinion rendered by Justice Van Brunt it will be seen that the point on which he sustained the previous demurrer was, that the plaintiff had not obtained the leave of the court to sue. Such authority is de■clared to be the very basis of the right to sue.

' And again it is stated in his opinion that costs are .allowed to the defendants line, who alone has raised the…