Stall v. . Wilbur
New York Court of Appeals
Appeal from judgment of the General Term of the Supremo Court, in the fourth judicial department, in favor of plaintiff, entered upon an order affirming an order of Special Term, which overruled a demurrer to plaintiff’s complaint herein. The substance of the complaint is set forth in the opinion. The allegations of the complaint were not sufficient to entitle plaintiff to a recovery. (Rodi v. The President, 6 Bos.; 24; Page v. Boyd, 11 How. Pr.
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Appeal from judgment of the General Term of the Supremo Court, in the fourth judicial department, in favor of plaintiff, entered upon an order affirming an order of Special Term, which overruled a demurrer to plaintiff’s complaint herein. The substance of the complaint is set forth in the opinion. The allegations of the complaint were not sufficient to entitle plaintiff to a recovery. (Rodi v. The President, 6 Bos.; 24; Page v. Boyd, 11 How. Pr. R., 415; White v. Brown, 14 id., 282; Buzzard v. Knapp, 12 id., 504; People v. Supervisors of Ulster, 34 N. Y., 269.) The complaint did not show…
1Opinion of the CourtEarl, J.
This appeal is from a judgment overruling defendant’s demurrer to plaintiff's complaint. Two grounds of demurrer are specified ^ that the complaint does not state facts sufficient to constitute a cause of action ; and that there is a defect of parties plaintiff, in that Richard E. Wilbur and Erastus C. Wilbur should have been joined as plaintiffs.
The complaint alleges that Ephraim Wilbur died February 24, 1873, leaving a will, by which he devised to Richard E. Wilbur, .Erastus C. Wilbur, Mary J. Harris and to the defendant and the plaintiff a farm, subject to certain advancements to the…
2Cases cited4 opinions
- Tripp v. HasceigMichigan Supreme Court · 1870
- Lobdell v. . StowellNew York Court of Appeals · 1872
- Channon v. LuskNew York Supreme Court · 1870
- Bradner v. . FaulknerNew York Court of Appeals · 1866
3Cited by23 opinions
- Doyle v. BurnsSupreme Court of Iowa · 1904
- In re the Final Judicial Settlement of the Accounts of the Utica Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Sexton v. . BreeseNew York Court of Appeals · 1892
- Mason v. . PrendergastNew York Court of Appeals · 1890
- Gates v. . BowersNew York Court of Appeals · 1901
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