Wise v. Gessner
New York Supreme Court
Appeal, from a judgment entered upon an order made at a Special Term, directing judgment against the defendants upon their demurrer as frivolous.
1Opinion of the Court
Pee OueiaM :
The defendants in this action served a demurrer on the 15th of August, 1887, the last day to answer or demur. On the twentieth *307of August tbe defendant served a verified answer, as an amended pleading in place of tbeir demurrer. This answer the plaintiffs attorney returned, on the ground that the defendant could not thus amend their demurrer; and on the twenty-second of August the plaintiffs made their motion for judgment, which the court granted, holding the demurrer to be frivolous and that a demurrer could not be amended by an answer.
In the case of Smith v. Laird (44 Hun, 530)…
2Cases cited1 opinion
- Robertson v. BennettThe Superior Court of New York City · 1877