King v. Bierschenk

Appellate Division of the Supreme Court of New York

King v. Bierschenk

52 N.Y.S. 498

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 21, 1898

StatusPublished

This text of 52 N.Y.S. 498 (King v. Bierschenk) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

King v. Bierschenk, 52 N.Y.S. 498 (N.Y. Ct. App. 1898).

Pincite

Opinion

PEB CUBIAM.

We are of opinion that the allegation in the complaint should be considered one of fact, and not a conclusion of law. Therefore, though faulty, the complaint was not subject to demurrer or dismissal on the trial as not stating a cause of action, but the defendants’ remedy was to move to make it more definite and certain. Judgment reversed and new trial granted; costs to abide the event.

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PEB CUBIAM.

We are of opinion that the allegation in the complaint should be considered one of fact, and not a conclusion of law. Therefore, though faulty, the complaint was not subject to demurrer or dismissal on the trial as not stating a cause of action, but the defendants’ remedy was to move to make it more definite and certain. Judgment reversed and new trial granted; costs to abide the event.

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Bluebook (online)

52 N.Y.S. 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-bierschenk-nyappdiv-1898.