Whitney v. Wenman

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

Decided July 15, 1904

Appellate Division of the Supreme Court of the State of New York · decided 1904-07-15

Appeal by the defendants, Charles H. Wenman and another, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of May, 1904, as denies the said defendants’ motion for an order directing the plaintiff to serve an amended complaint separately setting forth and numbering the statements of fact constituting the causes of action set out in the complaint.

Decided 1904-07-15

Laughlin, J. (concurring):

¶1I concur in the result. I am of opinion that a demurrer would lie without first separately stating and numbering the causes of action; but section 483 of the Code of Civil Procedure requires that causes of action shall be separately stated and numbered, and this requirement should be complied-with.

¶2Order reversed, with -ten dollars costs and disbursements, and motion granted, with ten dollars costs.