Cass v. Cass
New York Supreme Court
Appeal from special term, Schuyler county. Action by Samuel W. Cass against Marcus M. Cass, individually, and "Marcus M. Cass, impleaded, etc. From an order referring the cause defendants appeal'. Affirmed.
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Appeal from special term, Schuyler county. Action by Samuel W. Cass against Marcus M. Cass, individually, and "Marcus M. Cass, impleaded, etc. From an order referring the cause defendants appeal'. Affirmed. The order appealed from recites that it was made “upon the affidavits of ■Orlando Hurd, C. H. Everts, Frances Cass, and George D. Borman, and upon the proceedings heretofore had in this action, including the pleadings and •orders heretofore made, and upon affidavits of Marcus M. Cass and Marcus M. Cass, Jr.” The complaint alleges that Cynthia Ann Freer, of the town •of Dix, now in the…
1Opinion of the CourtHardin, P. J.
Appellant, in his argument before us, urges certain objections to the order to show cause, which is in the nature of a notice of motion, and asks us to reverse the order on alleged technicalities and irregularities in the nature of preliminary objections; but, upon turning to the order, we are unable to discover that such objections were taken at the special term. It is too late for the appellant to raise them on this appeal in the first instance.
2. The appellant insists that the complaint does not state facts sufficient to constitute a cause of action, and insists that it must appear on the…
2Cases cited9 opinions
- Wager v. . WagerNew York Court of Appeals · 1882
- Wood v. . BrownNew York Court of Appeals · 1866
- Groshon v. LyonNew York Supreme Court · 1853
- Rogers v. KingNew York Court of Chancery · 1840
- Haddow v. . LundyNew York Court of Appeals · 1874
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3Cited by2 opinions
- Douglas v. YostNew York Supreme Court · 1892
- Morse v. SmithNew York Supreme Court · 1892