Cropsey v. Sweeney
New York Supreme Court
PPEAL from an order made at a special term, overruling a demurrer to the complaint. The action was brought by the plaintiff to recover for services rendered by her for James Eidgeway, deceased, in his lifetime, while she and Eidgeway were living together as husband and wife, and supposing themselves to be such, in pursuance of a marriage valid in point of form.
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PPEAL from an order made at a special term, overruling a demurrer to the complaint. The action was brought by the plaintiff to recover for services rendered by her for James Eidgeway, deceased, in his lifetime, while she and Eidgeway were living together as husband and wife, and supposing themselves to be such, in pursuance of a marriage valid in point of form. The marriage afterwards turned out to be void, however, in consequence of Eidgeway having a previous wife, living at the time. The material statements of the complaint are detailed in the opinion of the court.(a) The defendant, who, as…
1Opinion of the Court
By the Court, Sutherland, J.
Unless the code, by abolishing the distinction between actions at law and suits in equity, and the forms of such actions and suits, and of pleadings theretofore existing, intended to initiate, and has initiated new principles of law, by which a class of rights and of wrongs, not before the proper subjects of judicial investigation and remedy, can now be judicially investigated and remedied, the facts stated in the plaintiff’s complaint in this action, do not constitute a cause of action, and the demurrer of the defendant to that complaint is well taken. I am not…
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