Glenny v. Horton
New York Supreme Court
At chambers. Motion for judgment, upon a frivolous demurred', under section 247 of the code.—The complaint in this cause, after the title of the cause, is as follows: “ Erie county.
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At chambers. Motion for judgment, upon a frivolous demurred', under section 247 of the code.—The complaint in this cause, after the title of the cause, is as follows: “ Erie county. The above named William Glenny complains of the defendants, that the plaintiff sold and delivered to the defendant, between the 19th day of April, and the 24th day of May, 1849, crockery, gas fixtures and glass ware, to the amount and value of four hundred and eighty-six dollars and sixty-three cents; for which sum the defendants are justly indebted to the plaintiff, and for which sum the plaintiff demands…
1Opinion of the Court
Sill, Justice.
The Code of-Procedure requires that a demurrer shall distinctly specif)'- the grounds of objection to the complaint; and unless it do so, it may be disregarded. (Sec. 145.)
*99The general allegations, that facts sufficient to constitute a cause of action are not stated in the complaint; that the complaint may be true, and yet the plaintiff not entitled to recover, are substantially the language of a general demurrer under the former practice, and are not now allowed in any case.
In the present case two. causes only are specified as the code requires, to wit: that the complaint does…
2Cited by5 opinions
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