Whitney v. Coleman
New York Court of Common Pleas
Appeal from a judgment of this court, entered on an order overruling a demurrer to a complaint. The allegations of the complaint are stated in the opinion. The defendant Coleman having demurred, upon trial of the issue of law, his demurrer was overruled, and judgment directed for the plaintiffs, with leave to the defendant to answer. No answer having been served within the time allowed, judgment for the plaintiffs was entered upon the order overruling the demurrer.
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Appeal from a judgment of this court, entered on an order overruling a demurrer to a complaint. The allegations of the complaint are stated in the opinion. The defendant Coleman having demurred, upon trial of the issue of law, his demurrer was overruled, and judgment directed for the plaintiffs, with leave to the defendant to answer. No answer having been served within the time allowed, judgment for the plaintiffs was entered upon the order overruling the demurrer. From the judgment the defendant appealed.
1Opinion of the Court
Charles P. Daly, Chief Justice.
The judgment below should be affirmed. The complaint states all that was requisite to entitle the plaintiffs to recover. It states the filing of two notices by the plaintiffs, on the 23d of September and the 3d of October, 1878, to secure' two mechanics’ liens on property which is described, together with the name of the owner and the contractor; the commencement of an action to enforce these liens; the giving of the instrument annexed to the complaint, to discharge the liens; the approval of it by the court on the 1st of March, 1878, and the discharge of the…
2Cases cited6 opinions
- Decker v. . JudsonNew York Court of Appeals · 1857
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Shaw v. . TobiasNew York Court of Appeals · 1849
- Kerry v. ArcherNew York Supreme Court · 1866
- Coleman v. BeanNew York Court of Appeals · 1866
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3Cited by1 opinion
- Town of Solon v. Williamsburgh Savings BankNew York Supreme Court · 1885