39 N.Y.S. 218 | N.Y. App. Div. | 1896
The order appealed from was made upon the theory that the-complaint as amended really alleged several causes and not a single cause of action. The plaintiffs claimed they alleged but one cause of action, and not several. It is not claimed that the amended complaint was indefinite or uncertain. All the facts were stated in detail, as required by the General Term order. his was not a demurrer to the complaint, but the plaintiffs, who claimed that they had alleged but a single cause of action, were required by the order appealed from to separate the facts alleged, to call the separate parts distinct and separate causes of action, and to number them accordingly. "We think the court erred in making such an order. "Whether the action could be maintained, upon the plaintiffs’ theory of a single cause of action in equity, was not involved in the motion and need not be determined here. The proper method of raising and
The order appealed from should be reversed, with costs of appeal, and the motion- denied, with ten dollars costs.
Barrett, Rumsey, Patterson and Ingraham, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.