25 N.Y. 266, Wright v. Delafield

• Citation: 25 N.Y. 266
• Party Name: WRIGHT v. DELAFIELD et al.
• Case Date: September 01, 1862
• Court: New York Court of Appeals Court of Appeals

Page 266

25 N.Y. 266

WRIGHT

v.

DELAFIELD et al.

New York Court of Appeal

September 1, 1862

Page 267

[Copyrighted Material Omitted]

Page 268

COUNSEL

Samuel E. Lyon, for the appellant.

William C. Noyes, for the respondents.

SMITH, J.

Upon the facts and conclusions of law found by the judge at special term, a judgment dismissing the plaintiff's complaint would have been entirely proper. But I cannot see upon what ground a judgment, giving to the defendants affirmative relief upon the pleadings, can be upheld. The rule that judgment should be rendered in conformity with the allegations and proofs of the parties, secundum allegata et probata, is fundamental in the administration of justice. The principle has not been exploded by the Code, although its essential vigor has been doubtless to some extent impaired. And it is, I

Page 269

think, quite problematical whether the relaxation of this rule which has been introduced under the Code in modern practice will not involve and produce much greater confusion and mischiefs than it will remedy.

This case presents an illustration of the tendency at the present time to depart from sound principle on this subject. The plaintiff commenced a suit in equity to stay suits at law, and call for an accounting between stockholders of a voluntary association. The equity of the complaint is denied, and the court holds that it was disproved, and without considering whether the requisite parties were before it, and without any cross-bill or counter-claim asking for affirmative relief, gives an affirmative judgment in favor of the defendants.

The theory of an action at law, or a suit in equity, is that it presents in succinct form the facts and grounds upon which the party instituting suit asks the aid of the court to obtain some right or the redress of some wrong. If the opposite party controverts the facts alleged, an issue is presented for trial. This issue grows strictly out of a denial of some of the allegations of the plaintiff's complaint, or out of some new facts set up as a defence to the plaintiff's claim. The question presented upon these issues is simply whether the plaintiff is entitled to the relief demanded. If the decision of the court is in favor of the plaintiff, it gives the relief sought. If the decision is in favor of the defence, the decision of the court simply dismisses the plaintiff's action.

But section 274 of the Code provides that judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants, and it may determine the ultimate rights of the parties on each side as...