McNeil v. Board of Supervisors
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, R. Gordon McNeil, from part of an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Suffolk on the 28th day of September, 1908.
1Opinion of the Court
Jenks, J.:
The plaintiff moved for judgment in that the defendants’ demurrer was frivolous. The Special Term thereupon made an order that declared the demurrer frivolous, and ordered judgment with costs and $10 costs of the motion, but that also granted leave to the defendants on payment of $10 costs .of this motion to serve an answer within 10 days. The plaintiff appeals from the part of the order that permits an answer. (Code Civ. Proc, § 497,) When a demur*127rer is overruled as frivolous, the demurrant as a defendant should not be permitted to answer in course, but only upon a showing to the…
2Cases cited5 opinions
- Fisher v. . GouldNew York Court of Appeals · 1880
- Patten v. HarrisNew York Supreme Court · 1834
- Miller v. HeathNew York Supreme Court · 1827
- Osgood v. WhittelseyNew York Supreme Court · 1860
- Norwood, Guard'n v. . HarrisSupreme Court of North Carolina · 1873
3Cited by1 opinion
- Price v. WalkerAppellate Division of the Supreme Court of the State of New York · 1910