Wenk v. City of New York

The interlocutory judgment in this action sustained a demurrer to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, and overruled the demurrers to the answers of the present respondents, upon the doctrine of Baxter v. McDonnell, 154 N. Y. 432, 48 N. E. 816, that “a bad answer is good enough for a bad complaint.” Upon an appeal to the Court of Appeals the complaint was held to be good. Wenk v. City of New York, 171 N. Y. 607, 64 N. E. 509. In consequence of this decision a reargument of the case has been ordered by this court, to the end that…