National Park Bank v. Billings
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry B. Billings, individually, 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 2d day of February, 1911, granting plaintiff’s motion for judgment on the pleadings against the said defendant.
1Opinion of the Court
Miller, J.:
The appellant challenges the order appealed from upon the merits, and also because, as he contends, this motion should not have been entertained. It was made under section 547 of the Code of Civil Procedure, which provides that: “ If either party is entitled to judgment upon the pleadings the court may, upon motion at any time after isstie joined, give judgment accordingly.” The point of the objection to the procedure is that an issue of law raised by demurrer to the complaint must be brought on for argument on a notice of trial and a decision and interlocutory judgment entered…
2Cases cited15 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Smith v. . EdwardsNew York Court of Appeals · 1882
- Lent v. . HowardNew York Court of Appeals · 1882
- Williams v. . ThornNew York Court of Appeals · 1877
- Delafield v. . ShipmanNew York Court of Appeals · 1886
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3Cited by53 opinions
- Clowe v. . SeaveyNew York Court of Appeals · 1913
- Whittemore v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Dickerson v. SheehyAppellate Division of the Supreme Court of the State of New York · 1913
- Culver v. Title Guarantee Trust Co.New York Court of Appeals · 1946
- Marks v. HigginsCourt of Appeals for the Second Circuit · 1954
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