Price v. Walker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ephraim A. Walker, from a judgment of the Supreme Court in favor of the plaintiff, entered in -the office Of the clerk of the county of Kings on the 18th day of October, 1909, upon an order made at'the Kings County Special Term and entered on the 27th day of August, 1909, overruling the defendant’s demurrer to the amended complaint, also from the said order upon which such judgment was entered, and also from an order entered in said clerk’s office on…
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Appeal by the defendant, Ephraim A. Walker, from a judgment of the Supreme Court in favor of the plaintiff, entered in -the office Of the clerk of the county of Kings on the 18th day of October, 1909, upon an order made at'the Kings County Special Term and entered on the 27th day of August, 1909, overruling the defendant’s demurrer to the amended complaint, also from the said order upon which such judgment was entered, and also from an order entered in said clerk’s office on the 15th day of September, 1909, denying the defendant’s motion for permission to answer.
1Opinion of the Court
Burr, J.:
On. the 27th day of August, 1909, an order was entered in this action directing judgment in favor of plaintiff upon the ground that *86defendant’s demurrer to the amended complaint was frivolous. From that order an appeal is taken to this court. The notice óf appeal also recites that it is taken; from the judgment entered in accordance therewith. This judgment was not entered until the 18tli day of October, 1909. In the meantime defendant moved for leave to answer the complaint, submitting a proposed amended ■ answer. This motion was denied,, and from the order denying such motion an-…
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- Price v. WalkerAppellate Division of the Supreme Court of the State of New York · 1910