Baxter v. Lancaster
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary A. Baxter, from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of December, 1900, with notice of an intention to bring up for review an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in said clerk’s office on the 7th day of June, 1900, upon the decision of the court rendered after a trial at the New York Special Term…
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Appeal by the plaintiff, Mary A. Baxter, from a final judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of December, 1900, with notice of an intention to bring up for review an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in said clerk’s office on the 7th day of June, 1900, upon the decision of the court rendered after a trial at the New York Special Term sustaining a demurrer to the complaint.
1Opinion of the Court
McLaughlin, J.:
This is an appeal from a final judgment, entered upon an interlocutory judgment, sustaining a demurrer to the complaint, upon the ground that it does not state facts sufficient to constitute a cause of action.
It appears from the allegations of the complaint that the action is brought upon an undertaking given by the defendants on appeal in a special proceeding to the Court of Appeals. The complaint alleges the pendency of the special proceeding; the order made by the Special Term; the affirmance by this court; the appeal to the Court of Appeals ; the giving of the .undertaking…
2Cases cited2 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- People ex rel. Haws v. WalkerNew York Supreme Court · 1856
3Cited by3 opinions
- Clemens v. American Fire Insurance of PhiladelphiaAppellate Division of the Supreme Court of the State of New York · 1902
- Schlieder v. DexterAppellate Division of the Supreme Court of the State of New York · 1906
- People v. YarterAppellate Division of the Supreme Court of the State of New York · 1912