Legal Opinion
Hudson River Power Transmission Co. v. United Traction Co.
New York Supreme Court
Decided March 15, 1904PublishedCited by 1 opinion
Demurrer to four separate counts of the answer.
1Opinion of the Court
Kellogg, Johet M., J.
The plaintiff having demurred to four separate counts of the defendant’s answer for insufficiency, the defendant, as it may properly do, challenges the sufficiency of the complaint. And such demurrer brings before the court the whole record, and judgment goes against the party, having the first insufficient pleading. Baxter v. McDonnell, 154 N. Y. 432.
And this rule applies with equal force whether the demurrer is to an alleged defense or an alleged counterclaim. Village of Little Falls v. Cobb, 80 Hun, 20.
In determining the sufficiency of the complaint and of the answer…
2Cases cited8 opinions
- Spence v. . HamNew York Court of Appeals · 1900
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- William Wharton, Jr., & Co. v. WinchNew York Court of Appeals · 1893
- Walker v. American Central InsuranceNew York Court of Appeals · 1894
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