Barnum v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John T. Williams, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk .of the county of Nassau on the 20th day of November, 1903, denying the defendant’s motion to strike out the plaintiff’s amended complaint.
1Opinion of the Court
Jenks, J. :
This is an appeal from an order of the Special Term denying defendant’s motion to strike out the amended complaint herein, and' authorizing the defendant to treat it as a nullity. The action had been sent to a referee to hear and to determine. The plaintiff noticed a motion to amend his complaint for the first day appointed for the hearing. The referee ' heard the motion, reserved his decision, and at the next hearing granted it. Thereupon, the defendant, having protested against the granting of the motion, moved before the Special Term as heretofore stated.
The referee was clothed…
2Cases cited11 opinions
- Nichols v. Scranton Steel Co.New York Court of Appeals · 1893
- Harrington v. SladeNew York Supreme Court · 1856
- Hosley v. . BlackNew York Court of Appeals · 1863
- Elting v. DaytonNew York Supreme Court · 1893
- Ryan v. DuffyAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by2 opinions
- Gropp v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Barnum v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1904