New York Court of Appeals, 1896

O'Brien v. . Fitzgerald

O'Brien v. . Fitzgerald
New York Court of Appeals · Decided October 27, 1896
44 N.E. 1121; 150 N.Y. 572; 1896 N.Y. LEXIS 1027 (North Eastern Reporter)
O'Brien v. . Fitzgerald

Cases that cite this one

13 later published cases cite this decision.

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Opinion of the Court

Judgment affirmed, with costs, on the opinion below, and the questions answered as follows:

1st. Whether the amended complaint in this action sets forth a cause of action in equity. Answer, no.

2d. Whether there has been an improper joinder of causes of action in the amended complaint herein. Answer, yes.

Concur — Gray, O’Brien, Bartlett and Vann, JJ.

Dissent — Andrews, Ch. J., Haight and Martin, JJ.

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