Works v. Naughton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the McRoy Clay Works, from an order ■of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of March, 1903, granting the defendants’ motion to .strike out certain portions of the plaintiff’s amended complaint as redundant and evidentiary. The facts are fully presented in the opinion of Hatch, J.
1Opinion of the Court
Ingraham, J.:
- Assuming that it would not be necessary that it should appear by the- pleadings that a Federal question is presented in order to have that question considered by the Federal courts,, it is not disputed but that it must appear by the record that the question was presented to the court when the case was tried, and it seems to us that in such a case the proper method is to present the question by a proper allegation in the pleadings. That course has been approved by the Supreme Court of the United States. If the defendant relied upon the unconstitutionality of an act upon which…
2Cases cited3 opinions
- Oxley Stave Co. v. Butler CountySupreme Court of the United States · 1897
- Sayward v. DennySupreme Court of the United States · 1895
- Deering v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Davis Confectionery Co. v. Rochester German InsuranceAppellate Division of the Supreme Court of the State of New York · 1910