Legal Opinion

Bilder v. Ellis

Appellate Division of the Supreme Court of the State of New York

Decided January 19, 1912PublishedCited by 1 opinion

Appeal by the defendant, Charles E. Ellis, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of August, 1911, granting the plaintiff’s motion for judgment on the pleadings.

1Opinion of the Court

Laughlin, J.:

The order might well be affirmed on the opinion of Mr. Justice Page at Special Term, were it not for the fact that we deem it advisable to point out that defendant is in default with respect to the supplemental complaint. The demurrer to the supplemental complaint only was not authorized for the reason *648that the supplemental complaint was not Served in place of the , amended complaint, but for the purpose of alleging a conclusive adjudication on the issues since the commencement of the ' action, and, therefore, the amended complaint has not been superseded and still stands.…

2Cases cited3 opinions

  1. Mueller v. NugentSupreme Court of the United States · 1902
  2. Stearns v. LichtensteinAppellate Division of the Supreme Court of the State of New York · 1900
  3. Harris v. ElliottAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by1 opinion

  1. Baron v. BrownDistrict Court, S.D. New York · 1949

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