Wait v. Getman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Dorr Getman and Della Getman, his wife, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Otsego on the 5th day of January, 1898, with notice of an intention to bring up for review upon such appeal an order made at the Broome Special Term, and entered in the office of the.clerk of the county of Otsego on the 5th day of January, 1898, overruling the answer of said defendants as…
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Appeal by the defendants, Dorr Getman and Della Getman, his wife, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Otsego on the 5th day of January, 1898, with notice of an intention to bring up for review upon such appeal an order made at the Broome Special Term, and entered in the office of the.clerk of the county of Otsego on the 5th day of January, 1898, overruling the answer of said defendants as frivolous. On the 6th day of February, 1896, the plaintiff, being the owner of a farm, theretofore conveyed to him by one Ira…
1Opinion of the Court
Putnam, J.:
We are unable to regard the answer served by the defendant in this action as frivolous. The fact that an answer is insufficient so that a demurrer thereto will be sustained, does not necessarily determine that it is frivolous. “ That only may be regarded as frivolous which is made to appear so incohtrovertibly by a baré statement of it and without argument. If an argument is required to show that the pleading is bad, it is not frivolous.” (Youngs v. Kent, 46 N. Y. 672, 674; German Exchange Bank v. Kroder, 13 Misc. Rep. 192 ; Cook v. Warren, 88 N. Y. 37.)
In this case the. answer,…
2Cases cited5 opinions
- Marshall v. . DaviesNew York Court of Appeals · 1879
- Cook v. . WarrenNew York Court of Appeals · 1882
- Youngs v. . KentNew York Court of Appeals · 1871
- German Exch. Bank v. New Jersey & S. D. Brewing Co.New York Court of Common Pleas · 1895
- Wales v. SherwoodNew York Supreme Court · 1876
3Cited by4 opinions
- Dancel v. Goodyear Shoe Machinery Co. of Portland, MainAppellate Division of the Supreme Court of the State of New York · 1902
- Dancel v. Goodyear Shoe Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Manne v. CarlsonAppellate Division of the Supreme Court of the State of New York · 1900
- Halliday v. BarberCity of New York Municipal Court · 1902