Halliday v. Barber
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from an order of the General Term of the Oity Oourt of the city of ISTew York reversing an order of the Special Term overruling the amended answer of the defendant as frivolous and directing judgment for the plaintiff, and vacating a judgment entered pursuant to such order.
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Appeal by the plaintiff from an order of the General Term of the Oity Oourt of the city of ISTew York reversing an order of the Special Term overruling the amended answer of the defendant as frivolous and directing judgment for the plaintiff, and vacating a judgment entered pursuant to such order. Appeal by the defendant from so much of the order of the General Term of the said Oity Court as vacates the judgment entered upon the order overruling the defendant’s answer as frivolous instead of reversing it.
1Opinion of the CourtFreedman, P. J.
The Special Term of the Oity Court, on plaintiff’s motion, made an order overruling defendant’s amended answer as frivolous and directing judgment thereon in favor of the plaintiff and judgment was thereupon entered against the defendant. The defendant appealed to the General Term of the Oity Court from the judgment and also from the order. The General Term reversed the order, vacated the judgment and denied plaintiff’s motion for judgment on the ground that the frivolousness of the amended answer was not so apparent that it could be *118determined without argument and without an examination of…
2Cases cited5 opinions
- Cook v. . WarrenNew York Court of Appeals · 1882
- Briggs v. . BergenNew York Court of Appeals · 1861
- Eppens, Smith & Wiemann Co. v. LittlejohnAppellate Division of the Supreme Court of the State of New York · 1898
- Elwood v. . RoofNew York Court of Appeals · 1880
- Emmens v. McMillan Co.Appellate Terms of the Supreme Court of New York · 1897
3Cited by1 opinion
- Dickson v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1904