Legal Opinion

Robostelli v. Noxon

New York Supreme Court

Decided May 18, 1889PublishedCited by 1 opinion

Appeal from special term, Westchester county. Action by Maria Bobostelli against Charles H. Noxon, to recover a sum of’ money. The defendant, on November 22d, was granted an extension of 15 days “to serve an answer.” On December 6th defendant filed a demurrer, and on the same day plaintiff noticed a motion to overrule the demurrer as frivolous, returnable December 11th. On December 10th defendant served-notice of withdrawal of the demurrer, and served an answer.

Read the full summary

Appeal from special term, Westchester county. Action by Maria Bobostelli against Charles H. Noxon, to recover a sum of’ money. The defendant, on November 22d, was granted an extension of 15 days “to serve an answer.” On December 6th defendant filed a demurrer, and on the same day plaintiff noticed a motion to overrule the demurrer as frivolous, returnable December 11th. On December 10th defendant served-notice of withdrawal of the demurrer, and served an answer. The demurrer' was overruled, and judgment entered for plaintiff on his complaint, and the-motion for leave to serve the answer was…

1Opinion of the CourtPratt, J.

The real question involved upon this motion is whether a demurrer can be regarded as an answer, so that an answer as an amendment can be served as a matter of course within 20 days. The defendant served a demurrer, and before the expiration of 20 days gave notice of withdrawal of the demurrer, and served an answer; the plaintiff in the mean time having made a motion for judgment upon the demurrer as frivolous. A demurrer is-one form of answer, although it is designated as a demurrer. A defendant answers the complaint by saying that it is not valid as a matter of law, so that the plaintiff can…

2Cases cited1 opinion

  1. White v. Mayor of New YorkThe Superior Court of New York City · 1857

3Cited by1 opinion

  1. Cashman v. ReynoldsNew York Supreme Court · 1890

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API