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52 N.Y.S. 498

King v. Bierschenk

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

PEB CUBIAM.

¶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.

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