Anonymous

New York Supreme Court

Anonymous

2 Edm. Sel. Cas. 18

Procedural entryThis page is a short order in Anonymous. Read the opinion of the Court — 4 How. Pr. 112 →

New York Supreme Court·Decided September 30, 1848·Published

Opinion

Edmonds, J.:

The Code abolishes the distinction only as to form; only as to the mere practice. The great principles of law and equity, as they existed in our jurisprudence at the adoption of our Constitution, are untouched. Besides, the [19]*19power of altering the common law, in any respect, is expressly conferred upon the legislature by the Constitution.

As at present advised I must overrule the demurrer as frivolous.

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Edmonds, J.:

The Code abolishes the distinction only as to form; only as to the mere practice. The great principles of law and equity, as they existed in our jurisprudence at the adoption of our Constitution, are untouched. Besides, the [19]*19power of altering the common law, in any respect, is expressly conferred upon the legislature by the Constitution.

As at present advised I must overrule the demurrer as frivolous.

Anonymous, 2 Edm. Sel. Cas. 18 (N.Y. Super. Ct. 1848).

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