Emmerich v. Hefferan
New York Supreme Court
Appeal from an order made at a trial term of the Supreme Court, vacating an order theretofore made, dismissing the complaint as to tbe defendant Hefferan and granting a new trial.
1Opinion of the Court
Davis, P. J.:
This action was brought on for trial at circuit on the 13th of November, 1883, before one of the justices of this court and a jury. Before any evidence was given in the case, the counsel for the defendant Hefferan, moved to dismiss the complaint as to Hefferan, on the ground that the complaint did not state facts sufficient to con*55stitute a cause of action against him. The plaintiff’s counsel opposed the motion, and -the court on hearing the argument, granted the motion and dismissed the complaint as to Hefferan, to which the plaintiff’s counsel excepted. 1
Subsequently and at the…
2Cases cited1 opinion
- Levy v. LoebThe Superior Court of New York City · 1878