Hodecker v. Strickler
Appellate Division of the Supreme Court of the State of New York
Appeal "by the plaintiff, Anna Hodecker, from an interlocutory judgment of the Supreme Court in favor of the. defendant, entered in the office of the clerk of the county of Monroe on the ítli day of August, 1896, upon the decision of the court rendered after a trial at the Monroe Special Term sustaining the defendant’s demurrer to her complaint.
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Appeal "by the plaintiff, Anna Hodecker, from an interlocutory judgment of the Supreme Court in favor of the. defendant, entered in the office of the clerk of the county of Monroe on the ítli day of August, 1896, upon the decision of the court rendered after a trial at the Monroe Special Term sustaining the defendant’s demurrer to her complaint. The plaintiff, in her complaint, states that she is the lawful wife .of Frederick Hodecker, residing at Ho. 25 Gorham street, in. the city of Rochester; that she has been known as such for a long time, and is exclusively entitled to be known as such;…
1Opinion of the Court
Per Curiam :
The complaint as originally drawn was demurred to upon the ground that it failed to state facts sufficient to constitute a cause of action, and such demurrer was sustained at the Special Term, but. the customary privilege to amend was granted." The amended complaint was in turn demurred to upon the same ground, and this was-likewise sustained. , From the interlocutory judgment entered thereon this appeal is brought.
Upon the first decision a very careful and comprehensive opinion was written by Mr. Justice Beadleit (39 H. Y. Supp. 515), which, commends itself to our unqualified…
2Cited by6 opinions
- Baumann v. BaumannNew York Court of Appeals · 1929
- Baumann v. BaumannNew York Supreme Court · 1928
- Kuhn v. HemmannAppellate Division of the Supreme Court of the State of New York · 1899
- People v. SimmonsCriminal Court of the City of New York · 1974
- Baumann v. BaumannNew York Court of Appeals · 1929
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