Thompson v. Stanley
New York Supreme Court
Action by Beverhout Thompson against Annie Stanley, as administratrix of David A. Stanley, deceased, and the Harris & Deu Faucet Plug & Bung Company, to recover the proceeds of the property of the last-named defendant, alleged to have been converted by said- David A. ■Stanley while president of the corporation. A demurrer to the complaint by defendant Stanley was overruled, (20 N. Y. Supp. 317,) with leave to defendant to answer.
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Action by Beverhout Thompson against Annie Stanley, as administratrix of David A. Stanley, deceased, and the Harris & Deu Faucet Plug & Bung Company, to recover the proceeds of the property of the last-named defendant, alleged to have been converted by said- David A. ■Stanley while president of the corporation. A demurrer to the complaint by defendant Stanley was overruled, (20 N. Y. Supp. 317,) with leave to defendant to answer. Defendant Stanley moves to resettle the •order. Granted.
1Opinion of the CourtAndrews, J.
It has been a very common practice for the prevailing party, after the trial of an issue of law, to enter an order sustaining •or overruling the demurrer, and giving the defeated party leave to serve a new pleading. This practice is clearly wrong, for section 1010 of the -Code expressly declares that, upon a trial by the court of an issue of fact or of law, its decision, in writing, must be filed in the clerk’s office, within 20 days after the final adjournment of the term where the issue was tried. And in Palmyra v. Wynkoop, (Sup.) 6 N. Y. Supp. 62, it was held that there could be no…
2Cases cited1 opinion
- Village of Palmyra v. WynkoopNew York Supreme Court · 1889
3Cited by1 opinion
- Lehon v. JudsonAppellate Division of the Supreme Court of the State of New York · 1898