Desmond v. Wolf

New York Supreme Court

Desmond v. Wolf

2 Edm. Sel. Cas. 19

DecidedSeptember 15, 1848

StatusPublished

This text of 2 Edm. Sel. Cas. 19 (Desmond v. Wolf) 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

Desmond v. Wolf, 2 Edm. Sel. Cas. 19 (N.Y. Super. Ct. 1848).

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Opinion

Edmonds, J.:

This motion must be denied. The objection now moved upon existed at the time the motion was made to set aside the demurrer as irregular, and might have been made then; but the parties, having failed in that motion, now seek to attack the demurrer on another ground. Parties cannot be permitted to split up theft objections into several motions. [20]*20They must take all their objections at once. If this splitting of grounds of objection were once permitted, there would be no end to the number of motions.

Motion denied.

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Edmonds, J.:

This motion must be denied. The objection now moved upon existed at the time the motion was made to set aside the demurrer as irregular, and might have been made then; but the parties, having failed in that motion, now seek to attack the demurrer on another ground. Parties cannot be permitted to split up theft objections into several motions. [20]*20They must take all their objections at once. If this splitting of grounds of objection were once permitted, there would be no end to the number of motions.

Motion denied.

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Bluebook (online)

2 Edm. Sel. Cas. 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desmond-v-wolf-nysupct-1848.