Coyle v. . Ward
New York Court of Appeals
Appeal from a final judgment of the Supreme Court, entered April 17, 1899, dismissing the complaint upon the merits, upon an order of the Appellate Division in the fourth judicial department, affirming an interlocutory judgment of Special Term overruling demurrers interposed by plaintiff to defenses contained in the answer. The nature of the action and the facts, so far as material, are stated in the opinion. The demurrers are well taken.
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Appeal from a final judgment of the Supreme Court, entered April 17, 1899, dismissing the complaint upon the merits, upon an order of the Appellate Division in the fourth judicial department, affirming an interlocutory judgment of Special Term overruling demurrers interposed by plaintiff to defenses contained in the answer. The nature of the action and the facts, so far as material, are stated in the opinion. The demurrers are well taken. (Dawley v. Brown, 79 N. Y. 390 ; Stowell v. Chamberlain, 60 N. Y. 272; Jackson v. Andrews, 98 N. Y. 673; Campbell v. Consalus, 25 N. Y. 613 ; Chapman v.…
1Opinion of the CourtO’Brien, J.
The only question in this ease arises upon an appeal from the order overruling the defendants’ demurrer to certain separate and partial defenses interposed by the defendants’ answer.
The plaintiff and the two defendants are the three children and sole heirs at law of one Edward Ward," who died on the 9th of 27ovember, 1897. The purpose of this action, as appears from the complaint, was to annul and set aside three written instruments purporting to have been executed by the deceased and . from the allegations of the pleadings may be described as follows:(1) Two instruments purporting to be…
2Cases cited4 opinions
- Williams v. . BarkleyNew York Court of Appeals · 1900
- Moore v. . City of AlbanyNew York Court of Appeals · 1885
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Fletcher v. BarberNew York Supreme Court · 1894
3Cited by3 opinions
- Markle v. OsborneAppellate Division of the Supreme Court of the State of New York · 1923
- Straus v. American Publishers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1905
- Straus v. American Publishers' Ass'nAppellate Division of the Supreme Court of the State of New York · 1905