Ullman v. Cammann

Appellate Division of the Supreme Court of New York

Ullman v. Cammann

44 A.D. 631, 60 N.Y.S. 1150

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

DecidedOctober 15, 1899

StatusPublished

This text of 44 A.D. 631 (Ullman v. Cammann) 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

Ullman v. Cammann, 44 A.D. 631, 60 N.Y.S. 1150 (N.Y. Ct. App. 1899).

Pincite

Opinion

We are inclined to the opinion tnat the cause of action to set aside the release can be joined with one to try the validity of the will. However this may be, the question should- not be determined on a summary application to strike out the allegations of the plaintiff’s complaint in this respect. If he has improperly joined two causes of action, the defendants' remedy is by demurrer. Order affirmed, with ten dollars costs and disbursements.

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We are inclined to the opinion tnat the cause of action to set aside the release can be joined with one to try the validity of the will. However this may be, the question should- not be determined on a summary application to strike out the allegations of the plaintiff’s complaint in this respect. If he has improperly joined two causes of action, the defendants' remedy is by demurrer. Order affirmed, with ten dollars costs and disbursements.

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Bluebook (online)

44 A.D. 631, 60 N.Y.S. 1150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ullman-v-cammann-nyappdiv-1899.