James C. McGuire & Co. v. H. G. Vogel Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the Municipal Court of the city of New York, borough of Manhattan, third district, denying a motion to remove a cause from the third district to the first district of Manhattan.
1Opinion of the CourtGuy, J.
The summons and complaint were served on March 12, 1914; the summons was returnable March 24,1914; on the return day defendant demurred and amended its demurrer on April 1, 1914. Final judgment in plaintiff’s favor for $402 damages, besides eogts, was entered on April 8,1914; On April 3,1914, defendant filed an affidavit tending to show that the action should be transferred from the third district to the first district. The order appealed from was entered on April fifteenth, the same day on which the appeal from the judgment was taken.
*20Under the present Municipal Court Act a demurrer is a…
2Cases cited3 opinions
- Pascocello v. Brooklyn Heights RailroadAppellate Terms of the Supreme Court of New York · 1899
- Nolte v. SeymourAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. McGowan v. MurrayNew York Supreme Court · 1907