Childs v. Childs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eversley. Childs, individually and as trustee, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the officé of the clerk of the county of New York on the 20th day of January, . 1911, denying the defendant’s motion for judgment on the pleadings.
1Opinion of the Court
Scott, J.:
Defendant’s motion for judgment on the pleadings was properly denied, because it was premature. An amended complaint had been served, but it had not been answered or demurred to. *168Consequently the cause was not at issue, and there were, properly speaking, no pleadings upon which an order for judgment could be based. Section 547 of the Code of Civil Procedure clearly contemplates tljat a. motion under it shall be made only when the cause is at issue, and it would have been a simple to have served an answer or demurred bis motion. The order appealed from ten dollars costs and…
2Cited by2 opinions
- Anglo & London-Paris National Bank v. S. A. Jacobson Co.Appellate Division of the Supreme Court of the State of New York · 1921
- St. Regis Paper Co. v. HanoNew York Supreme Court · 1931