New York Supreme Court November 15, 1856 (People ex rel. Demarest v. Laws)

Birdseye, J.

The objection, so strenuously urged by the counsel for the defendants, that this action is wrongly brought in the name of the People, cannot avail him—And for two reasons:—

The Code, (§ 144, subd. 4,) allows a demurrer to the complaint when it appears on the face of it that there is a defect of parties, plaintiff* or defendant.