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Rogers v. Murray

Court of Appeals of the State of New York
Oct 2, 1888
18 N.E. 261 (N.Y. 1888)

Summary

In Rogers Co. v. Murray, 35 Ga. App. 49, supra, the petition alleged that after hearing plaintiff was discharged (i.e., the warrant was dismissed) but did not allege that the prosecution had terminated in plaintiff's favor. It was there held that the petition was subject to general demurrer.

Summary of this case from Ayala v. Sherrer

Opinion

Argued June 27, 1888

Decided October 2, 1888

Frederick Collin for appellants.

Alexander Cumming for respondent



ANDREWS, J., reads for affirmance

All concur.

Judgment affirmed.


Summaries of

Rogers v. Murray

Court of Appeals of the State of New York
Oct 2, 1888
18 N.E. 261 (N.Y. 1888)

In Rogers Co. v. Murray, 35 Ga. App. 49, supra, the petition alleged that after hearing plaintiff was discharged (i.e., the warrant was dismissed) but did not allege that the prosecution had terminated in plaintiff's favor. It was there held that the petition was subject to general demurrer.

Summary of this case from Ayala v. Sherrer

In Rogers Co., the earlier Tyler was distinguished on the ground that there must at least be in the petition an allegation in general terms that the prosecution has been terminated.

Summary of this case from Ayala v. Sherrer
Case details for

Rogers v. Murray

Case Details

Full title:GEORGE ROGERS, Respondent, v . JOHN H. MURRAY et al., Appellants

Court:Court of Appeals of the State of New York

Date published: Oct 2, 1888

Citations

18 N.E. 261 (N.Y. 1888)
18 N.E. 261
18 N.Y. St. Rptr. 598

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