Armstrong v. Corcoran
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Corcoran, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Tates on the 19th day of August, 1914, denying defendant’s motion for an order vacating an interlocutory judgment in plaintiff’s favor entered in said clerk’s office on the 1st day of July, 1914; also, an appeal from a final judgment in favor of the plaintiff, entered in said clerk’s office on the 19th day of…
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Appeal by the defendant, William Corcoran, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Tates on the 19th day of August, 1914, denying defendant’s motion for an order vacating an interlocutory judgment in plaintiff’s favor entered in said clerk’s office on the 1st day of July, 1914; also, an appeal from a final judgment in favor of the plaintiff, entered in said clerk’s office on the 19th day of August, 1914, pursuant to the provisions of the interlocutory judgment herein. The action was begun by the personal…
1Opinion of the Court
Per Curiam :
The issue of law arising on a demurrer “ may be brought on and tried at any term of court as a contested motion. ” (Code Civ. Proc. §§ 964, 976.) Though the term at which the issue in this action was tried was not held in the county where the venue of the action was laid, it was a term at which a contested motion made in the action could be noticed for hearing. But appellant urges that this issue was brought before the court on a notice of trial of the issue and not on notice as a contested motion. The record before us does- not contain the notice pursuant to which the hearing at…
2Cases cited4 opinions
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- People v. Bleecker Street & Fulton Ferry RailroadNew York Supreme Court · 1910
- Kramer v. BarthAppellate Terms of the Supreme Court of New York · 1913
- Kissam v. BremmermanNew York Supreme Court · 1898
3Cited by1 opinion
- Dedrick v. Port Jervis Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1916