Bernard v. Morrison

New York Supreme Court

Bernard v. Morrison

64 How. Pr. 108

DecidedOctober 15, 1882

StatusPublished

This text of 64 How. Pr. 108 (Bernard v. Morrison) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernard v. Morrison, 64 How. Pr. 108 (N.Y. Super. Ct. 1882).

Pincite

Opinion

Potter, J.

This is a motion to compel this defendant to elect whether he will abide by his answer or demurrer. The paper served as an answer to the amended complaint is clearly an answer and demurrer. It is in the words of subdivision 8, section 488. Where there is but one cause of action the defendant may answer or demur, but he may not answer and demur to the same (Sec. 487 and 492).

The remedy to compel an election in such case is proper (Sec. 492 Code, cmd the numerous cases in the references in Bliss' Code wnder sec. 492).

There is no occasion or propriety to pass upon the various objections made to defendant’s answer for want of certainty, &c., if defendant elects to stand on his answer, for it may be that he will elect to abide by his demurrer, and in that event his answer will disappear from the case.

Motion to compel election granted, -with ten dollars costs of motion.

Free access — add to your briefcase to read the full text and ask questions with AI

Potter, J.

This is a motion to compel this defendant to elect whether he will abide by his answer or demurrer. The paper served as an answer to the amended complaint is clearly an answer and demurrer. It is in the words of subdivision 8, section 488. Where there is but one cause of action the defendant may answer or demur, but he may not answer and demur to the same (Sec. 487 and 492).

The remedy to compel an election in such case is proper (Sec. 492 Code, cmd the numerous cases in the references in Bliss' Code wnder sec. 492).

There is no occasion or propriety to pass upon the various objections made to defendant’s answer for want of certainty, &c., if defendant elects to stand on his answer, for it may be that he will elect to abide by his demurrer, and in that event his answer will disappear from the case.

Motion to compel election granted, -with ten dollars costs of motion.

Cite This Page — Counsel Stack

Bluebook (online)

64 How. Pr. 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernard-v-morrison-nysupct-1882.