Rumsey v. Lake
New York Supreme Court
The complaint states that the plaintiffs were husband and wife in March, 1875, when the assault and battery were committed upon the person of the female plaintiff, wife of the other plaintiff.
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The complaint states that the plaintiffs were husband and wife in March, 1875, when the assault and battery were committed upon the person of the female plaintiff, wife of the other plaintiff. The defendant specifies for ground of demurrer, (1) that it appears on the face of the complaint that there is a misjoinder of parties plaintiffs; (2) that it appears that the action should be in the name of the female plaintiff and that her husband was improperly joined; (3) that the complaint does not state facts sufficient to constitute a cause of action in favor of plaintiffs against the defendant;…
1Opinion of the CourtHabdot, J.
The question raised by the demurrer in this case has been considered in the general term in this district and determined in Mann agt. Marsh (35 Barb., 68), and a like question in Richtmyer and Richtmyer (50 Barb., 55), and those cases must be followed and the demurrer sustained (24 How., 353). These cases are referred to by Mr. Wait in his excellent work on practice, and the rule declared therefrom laid down as the correct one (See vol. 1, Waits Practice, 115 and 120). He says: “ If there is a misjoinder of parties, or, in other words, if the facts stated in the complaint show no cause of…
2Cases cited4 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Palmer v. . DavisNew York Court of Appeals · 1863
- Mann v. MarshNew York Supreme Court · 1861
- Richtmyer v. RichtmyerNew York Supreme Court · 1867
3Cited by1 opinion
- Shanahan v. City of MadisonWisconsin Supreme Court · 1883