Edelman v. Rams
Appellate Terms of the Supreme Court of New York
Appeal by defendant from an order overruling his demurrer to plaintiff’s complaint and also from a judgment subsequently taken by default in favor of the plaintiff in the Municipal Court of the city of Eew York, second district, borough of Manhattan.
1Opinion of the CourtGildersleeve, J.
The summons in this action was returnable on January 3, 1908, at which time the defendant demurred to the complaint, upon the ground that it failed to state facts sufficient to constitute a cause of action. An order overruling such demurrer was entered, and also a judgment to the same effect, the defendant having leave to answer on or before January fourth and the case set down for trial, if answer was filed, on January 6, 1908. It appears by the record that, on January 7, 1908, a judgment by default was entered against the defendant. Why judgment was so taken on that day, the trial having…
2Cases cited2 opinions
- Brown v. BouseAppellate Terms of the Supreme Court of New York · 1904
- Odell v. ClydeNew York Supreme Court · 1898
3Cited by2 opinions
- Phillips v. OppenheimSupreme Court of Oklahoma · 1927
- Hellerman v. SchantzAppellate Terms of the Supreme Court of New York · 1908