Ring v. Mitchell
New York Supreme Court
Motion by defendant for an order directing plaintiff to separately state and number causes of action alleged to be stated in the complaint* and to strike out certain paragraphs thereof.
1Opinion of the CourtClarke, J.
Defendant prays for an order directing plaintiff to separately state and number causes of .action alleged to be stated in the complaint and to strike out certain paragraphs thereof. Plaintiff contends that if the complaint states more than one cause of action they are for false imprisonment and malicious prosecution, which are properly united in the same complaint. Thorp v. Carvalho, 14 Misc. Rep. 554, is cited in support of this contention. That case and the cases there cited hold that, under the provisions of the Code of Civil Procedure (§ 484), a complaint may contain both causes of…
2Cases cited10 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Tyson v. Joseph H. Bauland Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Thorp v. CarvalhoNew York Court of Common Pleas · 1895
- Krause v. RutherfordAppellate Division of the Supreme Court of the State of New York · 1899
- Shaw v. JayneNew York Supreme Court · 1849
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3Cited by2 opinions
- Mulinos v. WalkofAppellate Terms of the Supreme Court of New York · 1916
- Bienenfeld v. Mortgage CommissionCity of New York Municipal Court · 1936