Funson v. Philo

The defendants demurred to the complaint herein upon the sole ground that it failed to allege facts sufficient ¿to constitute a cause of action. The issue of law was tried at Special Term, held at Amsterdam, December 24, 1898, and a decision was then signed by the presiding justice, which, after reciting certain-preliminary matters, reads as follows;

“ Ordered, that defendants’ demurrer be and the same is hereby overruled, with costs, and that plaintiff have judgment for the relief *263demanded in the complaint, with leave to the defendants to answer within twenty days from the service of this…