Corning v. Roosevelt
New York Supreme Court
Demurrer to reply. The nature of the pleadings is fully set forth in the ■opinion.
1Opinion of the CourtO’Brien, J.
The defendant has demurred to the reply, interposed by the plaintiff to the counterclaim on the ground that it appears upon the face thereof to be insufficient in law.
*221In determining this question it is insisted that all the-pleadings should be considered and judgment given against the party who has committed the first error.
In the case of Williams v. Williams,* recently decided by this court, and reported in the New York Law Journal,. May 29,1890, it was held that upon a demurrer to a defense,, which would otherwise have been sustained, it should be overruled, and judgment given in favor of…
2Cases cited26 opinions
- Aurora City v. WestSupreme Court of the United States · 1869
- Clearwater v. MeredithSupreme Court of the United States · 1864
- People v. . BoothNew York Court of Appeals · 1865
- Haymond v. SaucerIndiana Supreme Court · 1882
- Cooper v. GreeleyCourt for the Trial of Impeachments and Correction of Errors · 1845
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3Cited by1 opinion
- McCann v. HazardNew York Supreme Court · 1901