Innes v. . Purcell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, dismissing an appeal by defendant Purcell from the judgment herein. (Reported below, 1 Hun, 318; 2 H. Y. S. C. R. [T. & C.], 538.) This action was brought to foreclose a mortgage executed by said defendant, who put in an answer. Plaintiff moved that the answer be made more definite and certain. This motion was opposed by said defendant.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, dismissing an appeal by defendant Purcell from the judgment herein. (Reported below, 1 Hun, 318; 2 H. Y. S. C. R. [T. & C.], 538.) This action was brought to foreclose a mortgage executed by said defendant, who put in an answer. Plaintiff moved that the answer be made more definite and certain. This motion was opposed by said defendant. It was granted, and defendant required to serve an amended answer within ten days after service of copy of order on her attorney, in default whereof her answer to be…
1Opinion of the CourtAllen, J.
Flake v. Van Wagenen (54 N. Y., 25) merely reaffirms a well settled principle, and is decisive of this appeal. There as here, in an action for a foreclosure of a mortgage, the answer of the defendant was stricken out on motion unopposed, and judgment was perfected as upon default, for want of an answer, and on appeal to the General Term of the Supreme Court, the judgment was dismissed.
In this action the motion to make the answer more definite and certain was opposed; but that part of the order then made directing the answer to be stricken out in case the .answer should not be amended was…
2Cases cited1 opinion
- Flake v. . Van WagenenNew York Court of Appeals · 1873
3Cited by6 opinions
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Dawson v. ParsonsNew York Supreme Court · 1893
- G. W. Jones Lumber Co. v. FultonAppellate Division of the Supreme Court of the State of New York · 1908
- Kellogg v. ClarkNew York Supreme Court · 1881
- Kerr v. DildineNew York Supreme Court · 1891
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