Deyo v. Hudson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles I. Hudson and others, from so much of an order of the Supreme Court, made at the Tioga Trial and Special Term and entered in the office of the clerk of the county of Broome on the 2d day of January, 1920, as directs that the defendants’ demurrer be overruled.
1Opinion of the Court
Woodward, J.:
This is an appeal from an order of the Tioga Special Term, entered in Broome county, overruling defendants’ demurrer to the complaint, said demurrer having been interposed upon the sole ground that causes of action have been improperly united and that this appears upon the face of the complaint. To sustain a demurrer on this ground it must further appear, as far as the present complaint is concerned, that the causes of action pleaded, assuming that more than one cause is set forth, do not arise out of the same transaction or transactions connected with the same subject of action,…
2Cases cited4 opinions
- Deyo v. . HudsonNew York Court of Appeals · 1919
- Wooster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1877
- Benedict v. Guardian Trust Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Deyo v. HudsonAppellate Division of the Supreme Court of the State of New York · 1916