 | 1896 - 1212 pages
...The rule is well settled that, where a complaint contains several counts, a general demurrer thereto upon the ground that it fails to state facts sufficient to constitute a cause of action will be overruled If either one of the counts be sufficient. Maxw. Code PI. 375.... | |
 | 1905 - 1266 pages
...superintendent of buildings in the borough of Manhattan. The city and Hopper have separately demurred to the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action against them. The plaintiff, in various forms of allegation in the complaint, sets... | |
 | 1911 - 1320 pages
...KRUSE, J. The action is to foreclose a mechanic's lien. The defendant owner demurs to the plaintiff's complaint upon the ground that it fails to state facts sufficient to constitute a cause of action. The County Court sustained the demurrer, and the plaintiff appeals. The precise... | |
 | 1916 - 1182 pages
...such fine and by Imprisonment for not more than one year." The defendant demurs to the information, upon the ground that it fails to state facts sufficient to constitute a crime, and urges that the last clause of section 439 of the Penal Law, under which the information... | |
 | 1889 - 526 pages
...alleged to have been caused by the negligence of the defendant. CORLETT, J. — The defendant demurs to the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action. By a manifest mistake, the wrong name is used in the complaint, but the whole structure... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1890 - 684 pages
...but not in favor of all of the plaintiffs, it is bad ; not because of a misjoinder of parties, but upon the ground that it fails to state facts sufficient to constitute a cause of action. Neal v. State, ex rel, 49 Ind. 51 ; Martin \. Davis, 82 lad. 38 ; Kelley v. Adains,... | |
 | 1891 - 1174 pages
...not in favor of all, of the plaintiffs, that it is bad, not because of a misjoinder of parties, but upon the ground that it fails to state facts sufficient to constitute a cause of action: Neal vs. State, 49 Ind., 51; Martin vs. Davis, 82 Ind., 41; Kelly vs. Adams (October,... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1903 - 752 pages
...charged on lands, without such reassessment, doee not apply. DEMURRER by defendant to the plaintiffs' complaint upon the ground that it fails to state facts sufficient to constitute a cause of action. WV Smith, for plaintiffs. ED Northrup, for defendant. KRUSE, J. This action is brought... | |
 | New York (State). Supreme Court. Appellate Division - 1908 - 1078 pages
...1907, pursuant to an order entered in said clerk's office on the 2d day of Octoher, 1907, dismissing the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action. The action is brought to restrain the statutory foreclosure of a mortgage civen... | |
 | Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - 1898 - 804 pages
...the brief of Smith cfi Griffin, and for the respondents on a brief signed by 0. B. Thomas. MARSHALT,, J. At the commencement of the trial there was an objection...that it fails to state facts sufficient to constitute a cause of action. The complaint is quite lengthy, but in substance, by proper allegations, it sets... | |
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Defendant demurred to the complaint upon the ground that it fails to state facts sufficient to constitute a cause of action. The demurrer was overruled. 
