Schwabe v. Herzog
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Alfred J. Schwabe and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 7th day of January, 1914, permitting defendant to interpose an answer.
1Opinion of the Court
Scott, J. :
The action is upon a judgment obtained against defendant, upon personal service of process in the Court of Kings Bench Division of the Supreme Court of Judicature of England on Hay 6, 1907.
The defendant heretofore served an answer, which was-demurred to, and held to be insufficient in law, but leave was given to apply at Special Term to be allowed to serve an amended answer upon presenting to the court an answer which sets up some defense to the complaint. (See 159 App. Div. 899.) The defendant has presented an answer which the Special Term has given him leave to serve, and the…
2Cases cited3 opinions
- Dunstan v. . HigginsNew York Court of Appeals · 1893
- McElroy v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1913
- Story v. SatterleeNew York Court of Common Pleas · 1885
3Cited by3 opinions
- Porisini v. PetriccaAppellate Division of the Supreme Court of the State of New York · 1982
- Barber Asphalt Paving Co. v. Griffin Roofing Co.Appellate Terms of the Supreme Court of New York · 1914
- Barbour Asphalt Paving Co. v. Griffin Roofing Co.New York Supreme Court · 1914