Robinson v. Klein
New York Court of Common Pleas
Action by Frederick Bobinson against Marie Anna Klein and others. A motion to make the complaint more definite and certain having been sustained, with costs, defendants gave notice of stay of proceedings until payment of the costs.
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Action by Frederick Bobinson against Marie Anna Klein and others. A motion to make the complaint more definite and certain having been sustained, with costs, defendants gave notice of stay of proceedings until payment of the costs. Before the stay began to operate, plaintiff served an amended complaint, which defendants answered, setting up a counterclaim. ¡Plaintiff replied thereto, and defendants moved for judgment on the ground that plaintiff had no right to file a reply, his proceedings being stayed.
1Opinion of the CourtGiegebich, J.
The plaintiff having failed to pay the motion costs, Ms proceedings were stayed until payment' thereof, the stay extending to the service of a reply to the counterclaim pleaded by the defendants. Lyons v. Murat, 4 Abb. N. C. 13, 54 How. Pr. 23. The defendants did not waive the stay by serving an answer to the *263amended complaint, which was served before the stay began to operate. Code Civ. Proc. § 779; Marks v. King, 66 How. Pr. 463. Motion granted, with $10 costs, unless within 10 days after entry of the order the plaintiff pay the costs of the former motion and $10 costs of this motion,…
2Cases cited3 opinions
- Lyons v. MuratNew York Supreme Court · 1877
- Lyons v. MuratNew York Supreme Court · 1878
- Deane v. Board of Supervisors of Greene CountyNew York Supreme Court · 1884