Village of Little Falls v. Cobb
New York Supreme Court
Appeal from special term, Herkimer county. Action by the village of Little Falls against Helen Cobb. From an interlocutory judgment sustaining a demurrer to the ninth subdivision of the answer on the ground that the counterclaims and defenses alleged therein were insufficient in law on the face thereof, and that neither of them stated facts sufficient to constitute a cause of action as a counterclaim to plaintiff’s complaint, and that neither contained facts sufficient to…
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Appeal from special term, Herkimer county. Action by the village of Little Falls against Helen Cobb. From an interlocutory judgment sustaining a demurrer to the ninth subdivision of the answer on the ground that the counterclaims and defenses alleged therein were insufficient in law on the face thereof, and that neither of them stated facts sufficient to constitute a cause of action as a counterclaim to plaintiff’s complaint, and that neither contained facts sufficient to constitute a defense to the complaint, or any part thereof, defendant appeals.
1Opinion of the CourtMartin, J.
To a proper understanding of the questions involved on this appeal, a summary of the allegations of the pleadings seems necessary. In the complaint it was alleged that the *856plaintiff was a municipal corporation, duly incorporated under the laws of this state. That on or about the 1st of September, 1891, an application for making and grading Milligan street, one of the public streets of the plaintiff, by means of an assessment on lots interested in the improvement, was made and presented to the plaintiff’s board of trustees, by a petition duly executed by a majority of the persons owning lots…
2Cases cited7 opinions
- People v. . BoothNew York Court of Appeals · 1865
- Miller v. MaxwellNew York Supreme Court · 1836
- Lawe v. HydeWisconsin Supreme Court · 1876
- Wilmore v. . FlackNew York Court of Appeals · 1884
- Graham v. DunniganThe Superior Court of New York City · 1857
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