Legal Opinion

Stokes v. Stokes

New York Supreme Court

Decided June 15, 1894PublishedCited by 2 opinions

Action by Edward S. Stokes against William E. D. Stokes for libel. Plaintiff moves for leave to sever the action. Granted.

1Opinion of the CourtPatterson, J.

This is a motion for leave to sever the action, which was brought to recover damages for alleged libels, the complaint containing three separate causes of action. The application is made under section 1220 of the Code of Civil Procedure, which authorizes the court, in its discretion, where an issue of law and an issue of fact arise with respect to different causes of action, and final judgment can be taken on one or more of the causes of action without prejudice to either party as to the other causes of action, to divide the action into two or more actions, as the case may require; and this,…

2Cited by2 opinions

  1. Grullon v. Servair, Inc.Appellate Division of the Supreme Court of the State of New York · 1986
  2. Stokes v. StokesNew York Supreme Court · 1894

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