¶1We 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.
52 N.Y.S. 498
King v. Bierschenk
Appellate Division of the Supreme Court of the State of New York
Decided June 21, 1898
Appellate Division of the Supreme Court of the State of New York · decided 1898-06-21
<p>Pleading—Complaint.</p> <p>Where a complaint, though defective, states a cause of action, it cannot be dismissed, but defendant’s remedy is to move to make it more definite.</p>
Beversed · Decided 1898-06-21