Legal Opinion

Barton v. Donnelly

New York Supreme Court

Decided January 15, 1894PublishedCited by 1 opinion

Demubeeb to complaint as not stating facts sufficient to ■constitute a cause of action.

1Opinion of the CourtWard, J.

This is an action against the sureties on an undertaking given by the defendants for the return of a horse which had been replevied by the plaintiff in an action in a Justice’s Court in Niagara county, before Edwabd G. Pabkeb, Justice, wherein Esther C. Townsliend was plaintiff and John Duffy defendant. The defendants herein demur to the complaint and allege as grounds of demurrer that the complaint does not state facts sufficient to constitute a cause of action.

*474The complaint avers the commencement of the action in Justice’s Court for the recovery of the horse on or about the 26th day of…

2Cases cited1 opinion

  1. Decker v. AndersonNew York Supreme Court · 1862

3Cited by1 opinion

  1. Pettit v. AllenAppellate Division of the Supreme Court of the State of New York · 1901

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