Bliss v. Winters
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Emily A. Bliss and others against Byram L. Winters and others to set aside a will, a deed, and a bill of sale, for fraud. From an order directing plaintiffs to separately state and number causes of action, they appeal.
1Opinion of the CourtO’Brien, J.
The only question presented below or here is whether the complaint states one or three causes of action; if the latter, then the special term "was right in requiring that they should be separately stated and numbered. Code Civ. Proc. § 483. The complaint avers the marriage of Annie Maria Hunt with the defendant Byram L. Winters on the 25th of September, 1894, and that thereafter, in the same year, and on the 18th of October, she made her will, giving the bulk of her property to him; that on the 20th of October, 1896, she conveyed to him all her real estate; and that subsequent to the marriage…
2Cases cited2 opinions
- Thomas v. ThomasAppellate Division of the Supreme Court of the State of New York · 1896
- Zoccolo v. SternNew York Supreme Court · 1898