Anderson v. Hill
New York Supreme Court
APPEAL by the defendants from an order made at a special term overruling a demurrer to the complaint. The complaint alleged that the defendants Abram Hill and Margaret Hill are husband and wife; that they were before the commencement of this action lawfully married, and have for several years past lived and cohabited together as husband and wife.
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APPEAL by the defendants from an order made at a special term overruling a demurrer to the complaint. The complaint alleged that the defendants Abram Hill and Margaret Hill are husband and wife; that they were before the commencement of this action lawfully married, and have for several years past lived and cohabited together as husband and wife. That the said defendant, Margaret Hill, so being the wife of the said Abram Hill aforesaid, at the town of Wolcott, in the county of Wayne, on or about the 16th day of August, 1866, with loud, boisterous and abusive language, - made an assault upon…
1Opinion of the Court
By the Court, Johnson, J
The first and third grounds of demurrer are not well taken. In regard to the first, that the complaint contains two distinct causes of action, which are not separately stated, it is not a cause of demurrer specified in section 144 of the Code, and the weight of authority most decidedly is that an error or defect of that kind is to be corrected by motion, and is not demurrable. As to the third ground, a cause of action sounding in tort is stated ip. the complaint against the defendant Margaret *244and her husband: the other defendant is properly joined in such a case.…
2Cases cited2 opinions
- Sweet v. IngersonNew York Supreme Court · 1856
- Brewer v. TempleNew York Supreme Court · 1857
3Cited by17 opinions
- Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
- De Wolfe v. . AbrahamNew York Court of Appeals · 1896
- Wrege v. JonesNorth Dakota Supreme Court · 1904
- Cleveland v. BarrowsNew York Supreme Court · 1871
- Peacock v. Tata Sons, Ltd.Appellate Division of the Supreme Court of the State of New York · 1923
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