Garrett v. Wood
Appellate Division of the Supreme Court of the State of New York
Appeal b)r the plaintiff, Lena Garrett, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Albany on the 31st day of July, 1900, upon the decision of the court rendered after a trial at the Albany Special Term overruling a demurrer to the defendants’ second defense, and also from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk, of the county…
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Appeal b)r the plaintiff, Lena Garrett, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Albany on the 31st day of July, 1900, upon the decision of the court rendered after a trial at the Albany Special Term overruling a demurrer to the defendants’ second defense, and also from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk, of the county of Albany on the 31st day of July, 1900, denying the plaintiff’s motion for a new trial pursuant to section 1010 of the…
1Opinion of the Court
Mebwiít, J.:
The issue of law -arising upon the demurrer by the plaintiff to 1 the second defense was duly brought to trial at a Special Term and decided in favor of the defendants. An order in writing was made at the Special Term reciting the hearing and ordering that the “ demurrer be and the same hereby is overruled, with costs, and that the defendant have judgment thereon, but with leave to the plaintiff to withdraw her demurrer within twenty days after service of a copy of this order on payment of costs.” This order is not signed by the justice holding the term. It is signed by the clerk.…
2Cases cited5 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
- Thompson v. . HalbertNew York Court of Appeals · 1888
- Eaton v. . WellsNew York Court of Appeals · 1880
- Lord v. . TiffanyNew York Court of Appeals · 1885
3Cited by4 opinions
- Rowe v. RoweAppellate Division of the Supreme Court of the State of New York · 1905
- McWhirter v. PayntarAppellate Division of the Supreme Court of the State of New York · 1915
- Nachod v. HindleyAppellate Division of the Supreme Court of the State of New York · 1907
- Rowe v. RoweAppellate Division of the Supreme Court of the State of New York · 1905