Moisen v. Burr
Appellate Division of the Supreme Court of the State of New York
Appeal by tbe plaintiff, John W. Moisen, from an order of the County Court of Rockland county, entered in the office of the clerk of the county of Rockland on the 19th day of September, 1904, as resettled by an order entered in said clerk’s office on the 8th day of October, 1904, permitting the defendant to serve an amended answer.
1Opinion of the Court
Hirschberg, P. J.:
The order appealed from, cannot be sustained. The action was originally commenced in Justice’s Court, where the defendant took issue by pleading facts, without other matter of defense, showing that the title to real property would come in question.. The action was thereupon duly discontinued before the justice, and a new action was brought by the plaintiff in the County Court for the same cause of action as that originally asserted. The defendant interposed the same answer as in the Justice’s Court, but has been allowed to amend it by the order’ appealed from, so as to…
2Cases cited6 opinions
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- O'Brien v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Proctor v. Albany C. P.New York Supreme Court · 1838
- Rundle v. GordonAppellate Division of the Supreme Court of the State of New York · 1898
- Wilgus v. WilkinsonAppellate Division of the Supreme Court of the State of New York · 1900
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