McGonigle v. Kranis
Appellate Terms of the Supreme Court of New York
Appeal from a judgment of the Municipal Court of the city of New York, first district, borough of Brooklyn, sustaining a demurrer to the complaint.
1Opinion of the CourtKapper, J.
The return shows a judgment “ after trial on the merits. ’ ’ The record consists of the complaint only and a demurrer thereto upon the ground that “ it does not contain facts sufficient to constitute a cause of action.” The complaint alleges that the plaintiff is a city marshal; that there was issued to him an execution out of the Municipal Court against the defendants for the sum of $372; that he duly levied upon the property of the defendants “ who requested plaintiff not to remove said property, pending their application for appeal in said Municipal Court judgment against them; ” that…
2Cases cited5 opinions
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- Crofut v. . BrandtNew York Court of Appeals · 1874
- McCarthy v. BonyngeNew York Court of Common Pleas · 1884
- McKeon v. . HorsfallNew York Court of Appeals · 1882
- Grayrook Land Co. v. WolffNew York Supreme Court · 1910
3Cited by1 opinion
- Ide v. FinnAppellate Division of the Supreme Court of the State of New York · 1921