Legal Opinion

Wise v. Gessner

New York Supreme Court

Decided January 15, 1888Published

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

  1. Robertson v. BennettThe Superior Court of New York City · 1877

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