Bryant v. Shaw
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Fred S. Bryant’and another, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 5th day of June, 1920, directing the plaintiffs to enter judgment against the respondent’s executrices within ten days and staying all proceedings in the action.
1Opinion of the Court
Rich, J.:
The action is in partition. The defendant Shaw interposed a demurrer to the complaint and then moved for judgment on the pleadings. The motion was granted, but upon appeal to this court the order was reversed with leave to withdraw the demurrer and answer. (190 App. Div. 578.) Instead of availing herself of this permission, respondent has obtained an order requiring the plaintiffs to enter judgment upon the order of reversal in this court. In effect respondent has obtained an order directing that a judgment be entered denying a judgment. I know of no rule requiring a party to enter…
2Cases cited3 opinions
- Taishoff v. ElkemaAppellate Division of the Supreme Court of the State of New York · 1916
- Bryant v. ShawAppellate Division of the Supreme Court of the State of New York · 1920
- Dahm v. O'ConnellAppellate Division of the Supreme Court of the State of New York · 1917