Dubois v. . Cassidy
New York Court of Appeals
Appeal from judgment of the General Term of the Supremo Court, in the third judicial department, entered upon an order reversing an order of Special Term which overruled a demurrer to the complaint herein sustaining the demurrer and dismissing the complaint. The nature of the action and the facts are sufficiently set forth in the opinion. The averments of the complaint wore sufficient and showed that plaintiff had a legal capacity to sue.
Read the full summary
Appeal from judgment of the General Term of the Supremo Court, in the third judicial department, entered upon an order reversing an order of Special Term which overruled a demurrer to the complaint herein sustaining the demurrer and dismissing the complaint. The nature of the action and the facts are sufficiently set forth in the opinion. The averments of the complaint wore sufficient and showed that plaintiff had a legal capacity to sue. (Rockwell v. Merwin, 45 N. Y., 166; Manly v. Rassigna, 6 N. Y. W'kly Dig., 300.) Plaintiff had such an estate in the property sought to.be partitioned as…
1Opinion of the CourtEarl, J.
This is an action by the plaintiff, who claims to have been appointed receiver in supplementary proceedings of the property of Thomas Cassidy, for the partition of real estate with the title of which he claims to have become vested, as such receiver.
The defendant demurred to the complaint upon three grounds : 1st. That the plaintiff in his complaint does not show legal capacity to sue or maintain this action. 2d. That’ the complaint does not show that the plaintiff has any estate of inheritance, or for life or years in the real estate. 3d. That the complaint does not show facts sufficient to…
2Cases cited1 opinion
- Rockwell v. . MerwinNew York Court of Appeals · 1871
3Cited by18 opinions
- Wright v. . NostrandNew York Court of Appeals · 1883
- In re MeekerNew York Surrogate's Court · 1929
- In re the Estate of KitchingNew York Surrogate's Court · 1931
- Walker v. CramAppellate Division of the Supreme Court of the State of New York · 1913
- New York Plumbers Specialties Co. v. SteinAppellate Terms of the Supreme Court of New York · 1931
13 more not listed; retrieve them via the Exa API.