Corning v. Roosevelt
New York Supreme Court
Action by Frederick G-. Corning against Samuel L. Roosevelt. Defendant demurs to plaintiff’s reply. For former report, see 10 35T. Y. Supp. 937.
1Opinion of the CourtO’Brien, J.
The defendant has demurred to the reply interposed by the • plaintiff to the counter-claim on the ground that it appears upon the face thereof to be insufficient in law. In determining this question, it is insisted that all the pleadings should be considered and judgment given against the party who has committed the first error. In the case of Williams v. Williams, ante, 753, recently decided by this court', it was held that upon a demurrer to a defense, *759which would otherwise have been sustained, it should be overruled, and judgment given in favor of the defendant, for the reason that it…
2Cases cited1 opinion
- Graham v. DunniganThe Superior Court of New York City · 1857
3Cited by4 opinions
- Williams v. BoyleNew York Court of Common Pleas · 1892
- Reeves v. BushbyNew York Supreme Court · 1898
- Moss v. CohenNew York Court of Common Pleas · 1895
- Village of Little Falls v. CobbNew York Supreme Court · 1894