10 Order Appealed From 11 signed by Hon J. Gordon Flannery, Dutchess County Judge, dated June 1st, 1932, returnable June 2nd, 1932, at 4 o'clock P. M. at the City of Newburgh, why the motion of the defendants, Elvira S. Graham and Julia S. Bock, to compel the plaintiff to separately state and number her causes of action, should not be reargued, which said order to show cause was based upon the affidavit of Joseph A. McCabe verified May 31st, 1932, and upon said return date the said defendants having appeared by Joseph A. McCabe of counsel and the plaintiff having appeared by William A. Mulvey, her attorney and orally argued said motion before said Court, and this Court having granted a reargument of said motion and upon said re-argument accepted and received the affidavit of Isobel S. Carter verified June 2nd, 1932, and due deliberation having been had by this Court and after such deliberation, this Court having filed a memorandum dated June 6th, 1932, in which said decision or memorandum so filed the motion of said defendants for an order directing the plaintiff to separately state and number the causes of action was denied, it is Now on motion of William A. Mulvey, attorney for the plaintiff, Ordered, that the said motion to compel this plaintiff to serve an amended complaint wherein she shall separately state and number the facts constituting each cause of action, be and the same is hereby denied with Ten Dollars costs to the plaintiff to abide the event of the action. Enter, Justice Supreme Court. Clerk. 12 Please Take Notice that upon the complaint in this action, a copy of which is annexed hereto, the defendants, Elvira S. Graham and Julia S. Bock will move this Court at a Special Term thereof appointed to be held in and for the County of Dutchess at the County Court House 15 in the City of Poughkeepsie, N. Y., on the 21st day of May, 1932, at the opening of Court on that day or as soon thereafter as counsel can be heard, for an order pursuant to Rule 90 of the Rules of Civil Practice, requiring the plaintiff to serve an . amended complaint wherein she shall separately state and number the facts constituting each cause of action, namely: 16 Notice of Motion (a) a statement of the facts which constitute her alleged cause of action against the defendants for the specific performance of the contract alleged to have been made between her natural parents and her foster parents, and (b) a statement of the facts which constitute her alleged cause of action against said defendants for a declaratory judgment decreeing the validity and legality of certain so-called adoption proceedings had and taken on or about April 25th, 1899 before the County Judge of Schenec17 tady County wherein James E. Sague and wife purported to adopt the plaintiff and under which alleged cause of action plaintiff asks that by reason of said adoption she be adjudged the sole heir-at-law of James E. Sague, and (c) a statement of the facts which constitute her alleged cause of action against said defendants for an injunction restraining and enjoining them from proceeding further in the probate of heirship proceeding now pending in the Surrogate's Court of Dutchess County. and for such other and further relief as may be just and proper together with the costs of 18 this motion. Yours, etc., Office & P. O. Address, 19 Market Street, Poughkeepsie, N. Y. To: William A. Mulvey, Esq., Attorney for Plaintiff. To the above named Defendants: You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney within twenty days after the service of this summons, exclusive 21 of the day of service, and, in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Trial to be held in the County of Dutchess. WILLIAM A. MULVEY, Plaintiff's Attorney, 56 Market Street, Poughkeepsie, N. Y. Reynolds, Richards & McCutcheon, of Counsel, Office & Post Office Address, 68 William Street, New York, N. Y. The complaint of the plaintiff respectfully shows to this Court and alleges: 1. That the plaintiff and the defendants, Elvira S. Graham, Julia S. Bock, John K. Sague, Helen N. Sague and E. Sterling Carter, are residents of Dutchess County, State of New 24 York. 2. That James E. Sague died intestate on the 9th day of May, 1930, a resident of the Town of Poughkeepsie, County of Dutchess, State of New York, being seized in fee and possessed of real property as described in Exhibit “A” hereto annexed and made a part of this complaint, as if set forth in full herein; and also, possessed of certain personal property, which |