Mills v. Ross
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James Mills, from a final judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of March, 1899, upon the plaintiff’s failure to amend his complaint as permitted by an interlocutory judgment; and also from the interlocutory judgment in favor of the defendant, entered in said clerk’s office on the 23d day of December, 1898, upon the decision of the court rendered after a…
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Appeal by the plaintiff, James Mills, from a final judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 14th day of March, 1899, upon the plaintiff’s failure to amend his complaint as permitted by an interlocutory judgment; and also from the interlocutory judgment in favor of the defendant, entered in said clerk’s office on the 23d day of December, 1898, upon the decision of the court rendered after a trial at the New York Special Term sustaining the defendant’s demurrer to the amended complaint; and also from an order…
1Opinion of the Court
Barrett, J.:
The demurrer which was sustained was to an amended complaint. The interlocutory judgment dismissed this amended complaint with costs, but gave the plaintiff leave to again amend by including the receiver of the Family Fund Society as a party defendant, on pay*565ment of the costs of the demurrer within twenty days. The plaintiff did not avail himself of this privilege, and thereupon final judgment dismissing the complaint with costs and an extra allowance of $250 was granted. The appeal from this final judgment brings up for review the correctness of the interlocutory judgment and of…
2Cases cited2 opinions
- Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
- People v. Family Fund SocietyAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Harrigan v. GilchristWisconsin Supreme Court · 1904
- Ellis v. Feeney & Sheehan Building Co.Appellate Division of the Supreme Court of the State of New York · 1919