Tew v. . Wolfsohn
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1903, which affirmed an interlocutory judgment of Special Term entered upon a decision overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1903, which affirmed an interlocutory judgment of Special Term entered upon a decision overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the question certified are stated in the opinion. Where two causes of action upon contract are joined in the same action a demurrer to the complaint upon the ground that all the defendants are not affected by both causes, lies at the "instance of a defendant who is so…
1DissentCullen, J.
While special pleading at common law was a marvel of legal accuracy and clearness and had the advantage of presenting for determination by the jury sharply defined issues of fact formulated in advance of the trial, still, owing to its technical character substantial causes of action and defenses were often excluded and at times a party was defeated, not by the proofs, but by the pleadings. To correct these evils the Code introduced a radically different system of pleading, and required a party to state in -his comjDlaint only “ a plain and concise statement of the facts constituting each…
2Cases cited7 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- Tuthill v. . WilsonNew York Court of Appeals · 1882
- Nichols v. . DrewNew York Court of Appeals · 1883
- Dawson v. . the PeopleNew York Court of Appeals · 1862
- De Remer v. . BrownNew York Court of Appeals · 1901
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