Legal Opinion

Molony v. Dows

New York Court of Common Pleas

Decided January 15, 1858PublishedCited by 6 opinions

Motions by the defendants to strike out divers portions of the respective complaints in the above actions. The character of the complaints and of the portions proposed to be stricken out, sufficiently appear in the opinion.

1Opinion of the Court

Daly, Judge.

The causes of action separately set forth in the three first counts are all embodied in the fourth count. It is not necessary that the affidavit should have been made of the identity. It is apparent upon the mere reading of the complaint. The plaintiff must, therefore, be compelled to elect whether he will rely upon the fourth or the three first counts, and as he has expressed the wish to rely upon the fourth count, if the court shall be of the opinion that he is bound to elect, the first count will be stricken out.

The fourth count set forth three grounds of action, an assault,…

2Cases cited2 opinions

  1. Squier v. GouldNew York Supreme Court · 1835
  2. Kean v. M'LaughlinSupreme Court of Pennsylvania · 1816

3Cited by6 opinions

  1. Clark v. Jeffersonville RailroadIndiana Supreme Court · 1873
  2. Smith v. HiltonNew York Supreme Court · 1888
  3. Atkinson v. Wabash RailroadIndiana Supreme Court · 1895
  4. Baldwin v. New York & Harlem Navigation Co.New York Court of Common Pleas · 1872
  5. Schmitt v. Dry Dock, East Broadway & Battery RailroadCity of New York Municipal Court · 1886

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