Barron v. Feist
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Leo Feist, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 27th day of May, 1907, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
Houghton, J.:
The amended complaint alleges that in November, 1905, the plaintiff brought an- action in the Municipal Court of the. city of New York to which the defendant interposed an answer, and that upon such action coming on. for trial the .parties entered into a stipulation that they would submit to the justice the question as to whether or not the defendant’s answer contained any defense, and that if the justice decided that it did not, then judgment was to be entered for plaintiff, but that if he decided that it did contain a defense the action was to be sent to another justice for…
2Cases cited6 opinions
- McMahon v. . RauhrNew York Court of Appeals · 1871
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
- Black v. VanderbiltAppellate Division of the Supreme Court of the State of New York · 1902
- Reich v. CochranAppellate Division of the Supreme Court of the State of New York · 1905
- Lackner v. American Clothing Co.Appellate Division of the Supreme Court of the State of New York · 1906
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