Legal Opinion
Longenecker v. Longenecker Bros.
New York Supreme Court
Decided February 24, 1913PublishedCited by 3 opinions
Action by Bertram L. Longenecker against Longenecker Brothers, Incorporated. Motion for judgment on the pleadings. Granted.
1Opinion of the CourtBenedict, J.
[1] In this case, after joinder of issue, a motion 'is made by the defendant for judgment on the pleadings, viz., the complaint and answer. By section 547 of the Code of Civil Procedure, *405enacted in 1908 in place of an earlier section which had been repealed, it is provided' that:
“If either party is entitled to judgment upon the pleadings, the court may, upon motion at any time after issue joined, give judgment accordingly.”
The advantage of this summary method of determining the law of the case without the delay and expense of preparing the case for trial, and even perhaps actually trying it,…
2Cases cited20 opinions
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Meneely v. . MeneelyNew York Court of Appeals · 1875
- Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
- B.P.O. Elks v. . Improved B.P.O. ElksNew York Court of Appeals · 1912
- World's Dispensary Medical Ass'n v. PierceNew York Court of Appeals · 1911
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3Cited by3 opinions
- Aultz v. ZuchtCourt of Appeals of Texas · 1919
- Basso v. John T. Clark & Son, Inc.New York Supreme Court · 1919
- Guggenheim v. GuggenheimNew York Supreme Court · 1916