Everett v. De Fontaine
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Joseph H. Everett against Wade Hampton De Fontaine. From an order directing that the cause be placed on the trial term calendar in its regular order, plaintiff appeals. Affirmed.
1Opinion of the CourtLaughlin, J.
The plaintiff duly noticed the issues in this action for trial at special term. Upon the case being called and moved for trial at special term by the plaintiff, the defendant’s counsel moved for a dismissal of the complaint upon the ground that, on the facts alleged, the plaintiff wbuld not be entitled to any equitable relief. The trial court was of opinion that the complaint failed to show that the plaintiff was entitled to equitable relief, but that it stated a cause of action at law, and should not be dismissed merely because the proper relief was not demanded, and suggested that the…
2Cases cited23 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Cushman v. Thayer Manufacturing Jewelry Co.New York Court of Appeals · 1879
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
- Johnson v. . BrooksNew York Court of Appeals · 1883
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3Cited by3 opinions
- Lee v. WashburnAppellate Division of the Supreme Court of the State of New York · 1903
- Clements v. W. S. Cooper Co.New York Supreme Court · 1912
- Hart v. L. D. Garrett Co.Appellate Division of the Supreme Court of the State of New York · 1903