Everett v. De Fontaine
Appellate Division of the Supreme Court of the State of New York
Van Brunt, P. J., and Ingraham, J., dissented. Appeal by the plaintiff, Joseph H, Everett, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of November, 1902, directing that the cause be placed upon the Trial Term calendar in its regular order.
1Opinion of the Court
Laughlin, J.:
The plaintiff duly noticed the issues in this action for trial at Special Term. Upon the case being called and moved for trial at Special Term by the plaintiff, the defendant’s counsel moved for a *220dismissal of the complaint upon the ground that on the facts alleged the plaintiff would not be entitled to any equitable relief. The trial court was of opinion that the complaint failed to show that the plaintiff was entitled to equitable relief ; but that it stated a cause of action at law and should not be dismissed merely because the proper relief was not demanded, and suggested…
2Cases cited16 opinions
- Emery v. . PeaseNew York Court of Appeals · 1859
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Smith v. . BodineNew York Court of Appeals · 1878
- Arnold v. . AngellNew York Court of Appeals · 1875
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
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3Cited by13 opinions
- Moore v. CoyneAppellate Division of the Supreme Court of the State of New York · 1906
- Moen v. ThompsonNew York Supreme Court · 1946
- Lee v. WashburnAppellate Division of the Supreme Court of the State of New York · 1903
- Peirce v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1915
- Clements v. W. S. Cooper Co.New York Supreme Court · 1912
8 more not listed; retrieve them via the Exa API.