Legal Opinion

Tudor v. Ebner

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

Decided December 15, 1905PublishedCited by 5 opinions

Appeal by the plaintiff, William- Tudor, 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 26th day of June, 1905. „

1Opinion of the Court

McLaughlin, J.:

The defendant pleaded as a separate defense the Statute of Limitar ' tions of Alaska, to which the plaintiff demurred. The demurrer was' overruled and an interlodutory judgment.entered, in which leave was-given to the plaintiff, to withdraw his demurrer within ten. days after service of a copy of the interlocutory judgment “ with notice of entry thereof ” upon payment of costs,- and,'in default thereof, permitting "defendant to .enter final judgment overruling demurrer and dismissing the complaint. '. This judgment was dated April. 4, 1905, and -had the usual title stating…

2Cases cited2 opinions

  1. Livingston v. New York Elevated RailroadNew York Supreme Court · 1891
  2. Tudor v. EbnerAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by5 opinions

  1. Fourteenth Street Bank v. StraussAppellate Terms of the Supreme Court of New York · 1907
  2. Leer v. WormserCity of New York Municipal Court · 1907
  3. Murphy v. HitchcockAppellate Division of the Supreme Court of the State of New York · 1934
  4. Wild v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1916
  5. Woolson Spice Co. v. Columbia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1922

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