de Turckheim v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Orlando F. Thomas, from so much of an interlocutory judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk .of the county of New York on the 20th day of June, 1905, upon the decision of the court? rendered after a trial at the New York Special Term, as provides that the defendant’s demurrer to the complaint be sustained with only twenty dollars costs instead of full statutory costs, and permits the plaintiff to…
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Appeal by the defendant, Orlando F. Thomas, from so much of an interlocutory judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk .of the county of New York on the 20th day of June, 1905, upon the decision of the court? rendered after a trial at the New York Special Term, as provides that the defendant’s demurrer to the complaint be sustained with only twenty dollars costs instead of full statutory costs, and permits the plaintiff to serve an amended complaint within' twenty days. .
1Opinion of the Court
Laughlin, J.:
This is a common-law action for work, labor and services per- * formed and materials furnished. The demurrer was upon the ground that the complaint failed to state facts sufficient to constituté a cause of action. The issue of law arising on the demurrer was duly noticed for trial and placed upon the Special Term calendar and tried. The complaint served was clearly insufficient and the-demurrer was sustained, but the court assumed to have discretion with respect to the allowance of costs and allowed only twenty dollars. The question presented is whether the court had any…
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- Adams v. WardNew York Supreme Court · 1881
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- Jones v. ButlerNew York Supreme Court · 1894
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