Legal Opinion

Baker v. Carrington

New York Supreme Court

Decided February 15, 1901PublishedCited by 1 opinion

Motion to make the complaint more definite and certain in an action of ejectment.

1Opinion of the CourtGaynor, J.

The complaint alleges in just so many words that the plaintiff is the owner in fee and entitled to the possession of the real estate described, and that the defendants are unlawfully in possession thereof and withhold the same from the plaintiff, and prays for judgment. This is the time honored and classic form. The defendants move that it be made more definite and certain, i. e., that the source and chain of title be given. I cannot bring myself to declare insufficient a form of complaint which has existed and been used by the educated bar from the beginning. The case of Lawrence v. Wright…

2Cases cited1 opinion

  1. Lawrence v. WrightThe Superior Court of New York City · 1853

3Cited by1 opinion

  1. Hunter v. WillardAppellate Division of the Supreme Court of the State of New York · 1916

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