Holmes v. Slater
Appellate Division of the Supreme Court of the State of New York
Appeal by the'defendants, Gracie Ellsworth Slater and another, from án interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office óf the clerk of Ulster county on the 20th day of December, 1906, upon the decision of the court overruling the defendants' demurrers- to the complaint.
1Dissent
" Sewell, J.
(dissenting): It is not claimed, nor can it be successfully, that the facts averred in the amended complaint state a-cause of action. The plaintiff relies distinctly and unmistakably upon the allegations of the originaT complaint - and attempts to make out ,a caúse of action by alleging “ That all" the allegations set forth in the complaint herein; heretofore, served upon the defendants herein and which allegations and complaint are made a part of this amended complaint, are true as therein stated.” The plaintiff’s counsel insists that the allegations of the original complaint…
2Cases cited2 opinions
- Penniman v. Fuller & Warren Co.New York Court of Appeals · 1892
- Elizabethport Manufacturing Co. v. CampbellNew York Supreme Court · 1861