Smith v. Douglass

New York Court of Common Pleas

Smith v. Douglass

15 Abb. Pr. 266

CourtNew York Court of Common Pleas

DecidedAugust 15, 1862

StatusPublished

Cited by2 cases

This text of 15 Abb. Pr. 266 (Smith v. Douglass) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Douglass, 15 Abb. Pr. 266 (N.Y. Super. Ct. 1862).

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Opinion

Hilton, J.

Although I think it quite probable that the plain[271]*271tiff, at the trial, will present but one cause of action, yet, I do not perceive that because of that probability I would be justified in striking out several distinct causes which are properly alleged in his complaint.

It seems to me, that granting the present motion would be in effect determining before trial, and upon mere suspicion, that the plaintiff has not certain causes of action against the defendant, notwithstanding those causes have been averred in the forms recognized as sufficient in pleading.

Motion denied. Costs to abide event. a

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Hilton, J.

Although I think it quite probable that the plain[271]*271tiff, at the trial, will present but one cause of action, yet, I do not perceive that because of that probability I would be justified in striking out several distinct causes which are properly alleged in his complaint.

It seems to me, that granting the present motion would be in effect determining before trial, and upon mere suspicion, that the plaintiff has not certain causes of action against the defendant, notwithstanding those causes have been averred in the forms recognized as sufficient in pleading.

Motion denied. Costs to abide event. a

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Bluebook (online)

15 Abb. Pr. 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-douglass-nyctcompl-1862.

Opinion

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