People v. Buell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward B. Buell, from so much of art order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Delaware on the 26th day of April, 1902, as denies the defendant’s motion for an ■ order requiring the plaintiff to separately state and number the causes of action alleged in the. complaint.
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Appeal by the defendant, Edward B. Buell, from so much of art order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Delaware on the 26th day of April, 1902, as denies the defendant’s motion for an ■ order requiring the plaintiff to separately state and number the causes of action alleged in the. complaint. This action was commenced against the defendant to recover penalties for an alleged violation of the Agricultural. Law. .The "" 3d paragraph of the complaint is as follows: “ Upon information and belief that the defendant on or…
1Opinion of the Court
Chase, J.:
Section 20 of the Agricultural Law (Laws of 1893, chap. 338) defines certain words used in article 2 of said law. That part of sections 22 and 23 of said Agricultural Law (as respectively amdby Laws of 1900, chap. 101, and Laws of 1901, chap. 429) material in the determination of the question here presented is as follows:
“ § 22. * * * No person shall sell or exchange, or offer or expose for sale or exchange, any unclean, impure, unhealthy, adulterated or unwholesome milk. * * *
“ § 23. * * * No person shall sell, supply, or bring to be-manufactured, to any butter or cheese factory…
2Cases cited6 opinions
- Fisher v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1871
- People of the State of N.Y. v. . TweedNew York Court of Appeals · 1875
- People v. M'FaddenNew York Supreme Court · 1835
- Pope v. KellyAppellate Division of the Supreme Court of the State of New York · 1898
- Longworthy v. KnappNew York Supreme Court · 1857
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3Cited by4 opinions
- State Ex Rel. v. City Council of MinneapolisSupreme Court of Minnesota · 1926
- State v. KellmannSupreme Court of Missouri · 1938
- People v. Liberman Diary Co.New York Supreme Court · 1908
- Zeiser v. CohnNew York Supreme Court · 1904