Legal Opinion

Duval v. Busch

New York Supreme Court

Decided February 15, 1888PublishedCited by 1 opinion

I. Special Term, February, 1888. Motion for final judgment made by the plaintiff on the ground of the defendant’s failure to serve an amended answer to his amended complaint. The facts appear in the opinion.

1Opinion of the CourtPitshke, J.

Plaintiff moves for final judgment on the defendant’s alleged failure to serve an amended answer.

The original pleadings were a verified complaint and a duly verified answer, served September 6,1887. In February, 1888, plaintiff’s attorney (without procuring any order allowing it) transmitted an amended complaint to the defendant’s attorney herein, which was not verified. The want of verification of the same constituted no objection, however, as it was not a “ subsequent pleading ” within the meaning of section 523, Code Civ. Pro. (Hempstead v. Hempstead, 7 How. Pr. 8.)

It appeared upon this…

2Cases cited5 opinions

  1. Kelly v. . SheehanNew York Court of Appeals · 1879
  2. Robertson v. RobertsonNew York Court of Common Pleas · 1880
  3. Hempstead v. HempsteadNew York Supreme Court · 1852
  4. Allen v. ComptonNew York Supreme Court · 1853
  5. Barker v. ClarkNew York City Court · 1872

3Cited by1 opinion

  1. Dehn v. MandevilleNew York Supreme Court · 1893

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