Town of Palatine v. Canajoharie Water Supply Co.
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendants, The Canajoharie Water Supply Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Montgomery on the 24th day of June; 1903, upon the decision of the court, rendered after a trial at the Fulton Special Term, overruling the defendants’ demurrer to the plaintiffs’ complaint.
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• Appeal by the defendants, The Canajoharie Water Supply Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Montgomery on the 24th day of June; 1903, upon the decision of the court, rendered after a trial at the Fulton Special Term, overruling the defendants’ demurrer to the plaintiffs’ complaint. The cause of action stated in the complaint is one to restrain the defendants from unlawfully laying water pipes upon and over a highway bridge across the Mohawk river, which is the boundary line…
1Opinion of the Court
Chester, J. :
If the demurrer herein is to be regarded as one upon two grounds, viz.:. First, that there is a misjoinder, of parties plaintiff; and. second, that the plaintiffs, who are commissioners of highways- have not legal capacity to sue; it is evident that the demurrer was properly overruled, because the Code requires that a demurrer on either of these grounds “must point out specifically the particular defect relied upon ” (Code Civ. Proc. § 490), and that has not been done in this demurrer, unless the statement as to the first ground, that neither of the commissioners should have been…
2Cases cited1 opinion
- Town of Fort Covington v. United States & Canada RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by6 opinions
- Town of Southeast v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- District of Columbia v. WheelerCourt of Appeals for the D.C. Circuit · 1927
- Murer v. ButterfieldNew York Supreme Court · 1984
- State Ex Rel. Belker v. Board of Educational Lands & FundsNebraska Supreme Court · 1970
- State Ex Rel. Belker v. Board of Educational Lands & FundsNebraska Supreme Court · 1970
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