Price v. Price

Headnote

Complaint—what is one cause of action.

In an action by 0. against W„ the complaint alleged that defendant married S., abandoned her, married 0., lived with her, procured a decree annulling this marriage on the ground that the first wife was living, etc.; represented to plaintiff that S. was dead, and he had a right to re-marry; that plaintiff relied on those representations and married defendant; that they

cohabited together; that the representations were false; set forth plaintiffs injury, and defendant’s means; that defendant had commenced proceedings to have his marriage with plaintiff declared void, etc., etc. Held, that the complaint contained hut one cause of action, and that for the wrong done plaintiff by defendant’s fraud, and a motion to require separate causes of action to be stated should be denied.

Appeal by defendant from an order at special term denying a motion to require the causes of action in the complaint to be stated separately, etc.