Coler v. Lamb
Appellate Division of the Supreme Court of the State of New York
Appeal by- the defendants, Hugh Lamb and others, from an order of the Supreme Court, made at the Hew York Special Term and entered in the. office of the clerk'' of the county of Hew York on the 5th day of, March, T897, denying their motion-to -strike the cause-' from the ¡general' calendar. , -
1Opinion of the Court
Rumsey, J.:
Before this action was at issue, the. defendants obtained from the court- twenty days’ extension.of time.to answer; • The order giving *237them that extension prescribed that the issue should be of the original date. The defendants served an answer upon which the cause was at issue, and it was regularly put upon the calendar for the March term. On the 23d day of February, 1897, the defen d- . ants served an amended answer setting up a counterclaim. The time for the plaintiff to reply to this - answer had not yet expired when, on the twénty-fifth of February, the defendants obtained an…
2Cited by8 opinions
- Pelzer v. PerryAppellate Division of the Supreme Court of the State of New York · 1922
- Muglia v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Murphy v. LyonAppellate Division of the Supreme Court of the State of New York · 1908
- Coler v. LambAppellate Division of the Supreme Court of the State of New York · 1897
- Joyce v. Eastman Kodak Co.New York Supreme Court · 1917
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