Bailey v. Johnson
New York Court of Common Pleas
The issues in this action came on to be tried before Judge Daly, without a jury, on the 24th and 2oth days of February, 1859. The defendants severally, by their respective attorneys, moved to dismiss the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The Court ruled and decided that the complaint was insufficient ; to which ruling and decision the counsel for the plaintiff excepted.
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The issues in this action came on to be tried before Judge Daly, without a jury, on the 24th and 2oth days of February, 1859. The defendants severally, by their respective attorneys, moved to dismiss the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The Court ruled and decided that the complaint was insufficient ; to which ruling and decision the counsel for the plaintiff excepted. The plaintiff’s counsel then asked leave to amend; but the Court denied the morion, and held that although as to some defects, the complaint might perhaps be…
1Opinion of the Court
By the Court.
Hilton, J.
I am convinced that it is im • possible, in any brief manner, to convey an intelligible idea of ""hit the complaint in this action really is. As nearly as I can understand from the mass of rambling and incoherent matter which it is stuffed, the intent of the pleader was, to allego *66that the defendants, Burton and Beman, being the owners of lot No. 7, 37th street, in this city, contracted with the defendont Johnson to do the carpenter work of the building erected thereon ; and Johnson employed the plaintiff to perform a portian of this work. Accordingly, between July 1st…
2Cited by12 opinions
- Ball & Wood Co. v. Jonathan Clark & Sons Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Gross v. DalyNew York Court of Common Pleas · 1875
- Meyers v. BennettNew York Court of Common Pleas · 1878
- Leiegne v. SchwarzlerNew York Court of Common Pleas · 1884
- Epley v. SchererSupreme Court of Colorado · 1881
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