Giles v. County of Otsego

The plaintiff has brought an action against the County of Otsego to recover damages to his automobile alleged to have been occasioned by the negligence of the defendant’s employees. The action was started in Justices’ Court of the Town of Cherry Valley and demands judgment in the sum of $492.

Upon the adjourned date of the return of the summons and complaint, the defendant appeared “specially” and filed a demurrer to the complaint asking that the complaint be dismissed: (1) because the cause of action did not state facts sufficient to constitute a cause of action; (2) because the complaint and…