Hiscock v. Tuck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward Tuck, from an interlocutory judgment of the Supreme Courttin favor of the plaintiffs, entered in the office of the clerk of the county of Onondaga on the 13th day of May, 1907, upon the decision óf the court, rendered after a trial at the Onondaga Special Term, overruling -the defendant’s demurrer to the complaint.
1Opinion of the Court
Williams, J.:
The judgment should be affirmed, with costs, with leave to . defendant to plead over on payment of the costs of the demurrer and of this appeal.
The action is to charge the defendant with liability'under section 3247 of the Code of Civil Procedure, and the question here involved is whether such liability can be established and enforced by action or whether the sole remedy is by proceeding under the- section of the Code. The section declares the liability, and provides the court may order payment, no.t that it must.
There is no question under this demurrer that the defendant is *117liabl…
2Cases cited5 opinions
- Jackson, ex dem. v. Van AntwerpNew York Supreme Court · 1828
- Norton v. RichNew York Supreme Court · 1823
- Waring v. BaretNew York Supreme Court · 1824
- Platt v. SherryNew York Supreme Court · 1831
- Schoolcraft v. LathropNew York Supreme Court · 1825