Legal Opinion

Robinson v. . Brown

New York Court of Appeals

Decided March 8, 1901PublishedCited by 2 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 3, 1900, which affirmed an order of Special Term requiring the plaintiff either to amend his complaint by separately stating and numbering the two causes of action alleged therein, to wit, a cause of action under section 1925 of the Code of Civil Procedure and chapter SOI of the Laws of 1892, known as a taxpayer’s action, and a cause of action…

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 3, 1900, which affirmed an order of Special Term requiring the plaintiff either to amend his complaint by separately stating and numbering the two causes of action alleged therein, to wit, a cause of action under section 1925 of the Code of Civil Procedure and chapter SOI of the Laws of 1892, known as a taxpayer’s action, and a cause of action under the Labor Law (Chap. 567 of the Laws of 1899), or to eliminate from his complaint one of said causes of action.…

1Opinion of the CourtHaight, J.

The appeal herein was allowed by the Appellate Division, which certified two questions for review: First. “ Does the plaintiff’s complaint in this action contain more than one cause of action? Second. Should the order of the Special Term of the Supreme Court requiring the plaintiff to amend his complaint, and the order of the Appellate Division of the Supreme Court affirming the same be reversed ? ”

This action was brought by the plaintiff, as a taxpayer of the village of Hunda, to obtain a judgment annulling a contract made by the board of trustees of the village with the defendants, Charles…

2Cited by2 opinions

  1. Lewis v. HoweAppellate Division of the Supreme Court of the State of New York · 1901
  2. Agett v. Federal Telephone & Telegraph Co.New York Supreme Court · 1916

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