...whpre as the record shows, It had been for upwards of eleven months. A demurrer was filed to an amended complaint upon the ground that It failed to state a cause of action, In that it appeared therefrom that plaintiff was neither the owner nor entitled to the possession of...

...plaintiff. A due demand and refusal preceded the commencement of the action. The defendant demurred to the complaint upon the ground that it failed to state a cause of action. The Special Term judgment overruled the demurrer. The Appellate Division by a nonunanimous decision...

...cause of action, if any, arose in the latter county. The action came on for trial at the May, IIUS), Delaware Trial Term, and after the jury was duly impaneled...complaint, upon the ground that it failed to state a r other cases see same topic i; KEY-iNUMUER in all Key-Numbered Digests & Indexes cause of action....

...if the facts justified him in doing so, and when the case reached a second trial the defendant moved to dismiss the complaint, upon the ground that it failed to state a cause of action, whereupon the court permitted the plaintiff to withdraw a juror, that he might make an application...

...Dorthy, for appellant. SL Adler, for respondent. LEWIS, J. The defendant demurred to the plaintiff's complaint upon the ground that it failed to state a cause of action. The demurrer was overruled, with costs, but with leave to the defendant to withdraw the demurrer and...

...case at bar, but they are the same in substance. To the first the défendant interposed a demurrer upon the ground that it failed to state a cause of action, which, on argument, was sustained, with leave to amend. The plaintiff neglected to avail himself of...

...immediate predecessor in title to the plaintiff. The plaintiff's complaint was dismissed upon the opening, upon the ground that it failed to state a cause of action against the defendant. The plaintiff now moves for a new trial upon the exceptions, which were ordered...

...have been willful and malicious, and with a purpose to injure the plaintiff. The defendant demurred to the complaint upon the ground that it failed to state a cause of action, and the demurrer was sustained in the county court of Queens county, where the action was commenced,...

...nominal sum to benefit and favor themselves. Held, that a judgment overruling a demurrer interposed to the complaint, upon the ground that it failed to state a cause of action, should be affirmed. That although the courts will not restrain officials from exercising discretionary...

...trial the plaintiffs introduced the contract in evidence, and counsel for the defendant thereupon moved to dismiss the complaint, upon the ground that it failed to state facts sufficient to constitute a cause of action. Ths 5th paragraph of the complaint is as follows...