Keyser v. Shafer
New York Supreme Court
On certiorari to a Justice’s Court, Shafer declared Against Keyser in the Court below, thus: “ Plaintiff declares against the defendant for one barrel of salt, $5 ; one note of hand— bal. of accounts for different kinds of liquors—claims $50.” To this declaration the defendant interposed a general demurrer. The plaintiff then discontinued, or entered a nolle prosequi, as to all the causes of action except the account for the salt, and joined in demurrer.
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On certiorari to a Justice’s Court, Shafer declared Against Keyser in the Court below, thus: “ Plaintiff declares against the defendant for one barrel of salt, $5 ; one note of hand— bal. of accounts for different kinds of liquors—claims $50.” To this declaration the defendant interposed a general demurrer. The plaintiff then discontinued, or entered a nolle prosequi, as to all the causes of action except the account for the salt, and joined in demurrer. Judgment for the plaintiff. The defendant contended, in the Court below, that the declaration was bad, because it contained neither time nor…
1Opinion of the Court
Curia.
The judgment must be affirmed.
Judgment affirmed.(a)
In Timmerman v. Morrison, (14 John. 369,) objections similar to those overruled here, were allowed upon special demurrer.
2Cases cited1 opinion
- Timmerman v. MorrisonNew York Supreme Court · 1817
3Cited by1 opinion
- Rodgers & Hagerty, Inc. v. Brunswick Marine Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1919