Havana City Railway Co. v. Ceballos
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eugene Sweeney, 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 24th day of January, 1900, denying said defendant’s motion for judgment upon the pleadings.
1Opinion of the Court
Ingraham, J.:
As we have sustained the demurrer to the complaint in this action interposed by one of the other defendants, decided March 9, 1900 (49 App. Div. 263), it does not appear that this defendant appellant would be entitled to judgment against his co-defendants to enforce a cause of action alleged in a complaint, a demurrer to which has been *422sustained. "We do not think, however, that under any circumstances this defendant appellant would be entitled to a judgment against his co-defendants because of their failure to reply to the demand for affirmative relief set up in his answer. The…
2Cases cited1 opinion
- Havana City Railway Co. v. CeballosAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by5 opinions
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- New Netherland Bank v. Boucheron Co.New York Supreme Court · 1924
- Albright v. Trinity Presbyterian ChurchAppellate Division of the Supreme Court of the State of New York · 1915
- Hillenberg v. BendickAppellate Division of the Supreme Court of the State of New York · 1914
- Strauss v. Hanover Realty & Construction Co.New York Supreme Court · 1910