Seasongood v. Fleming

New York Supreme Court

Seasongood v. Fleming

26 N.Y.S. 831, 81 N.Y. Sup. Ct. 639, 57 N.Y. St. Rep. 203

DecidedDecember 15, 1893

StatusPublished

This text of 26 N.Y.S. 831 (Seasongood v. Fleming) 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

Seasongood v. Fleming, 26 N.Y.S. 831, 81 N.Y. Sup. Ct. 639, 57 N.Y. St. Rep. 203 (N.Y. Super. Ct. 1893).

Pincite

Opinion

PER CURIAM.

The title of the action would' indicate that It was brought to charge the defendant individually, but a reading of the allegations of the complaint would seemingly support a cause of action against either the territory of Arizona, or against the defendant as treasurer of that territory; and, as the inconsistency thus created might produce confusion and injury if the election which the plaintiffs should make were left until the trial, we think it was but right that, instead of leaving the defendant to guess in what capacity he was sued, the plaintiff should be compelled to make the complaint definite by a proper allegation as to whether he intends to charge the defendant personally or officially. The order should therefore be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

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PER CURIAM.

The title of the action would' indicate that It was brought to charge the defendant individually, but a reading of the allegations of the complaint would seemingly support a cause of action against either the territory of Arizona, or against the defendant as treasurer of that territory; and, as the inconsistency thus created might produce confusion and injury if the election which the plaintiffs should make were left until the trial, we think it was but right that, instead of leaving the defendant to guess in what capacity he was sued, the plaintiff should be compelled to make the complaint definite by a proper allegation as to whether he intends to charge the defendant personally or officially. The order should therefore be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

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Bluebook (online)

26 N.Y.S. 831, 81 N.Y. Sup. Ct. 639, 57 N.Y. St. Rep. 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seasongood-v-fleming-nysupct-1893.