Fleischmann v. . Bennett
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing an order of Special Term, which denied a motion on the part of defendant to set aside an ex parte order allowing a supplemental complaint herein, and granting such motion. The nature of the action and the facts appear in the opinion.
1Opinion of the CourtEaiil, J.
This is an action of libel commenced in June, 1877, and it has been at issue since July of that year. In March, 1879, after the cause had been on the circuit calendar ready for trial several times, the plaintiff" obtained, at Special Term of the Supreme Court, an ex parte order allowing him to servo a supplemental complaint, alleging the continuance, since the commencement of the action, of special damages caused by the libel. The defendant moved to vacate that order, and the motion was denied. From the order refusing to vacate he appealed to the General Term, and there the order appealed…
2Cases cited2 opinions
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- Spears v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1878
3Cited by10 opinions
- Farmers' Loan & Trust Co. v. Bankers & Merchants' Telegraph Co.New York Court of Appeals · 1888
- People v. BeguelinAppellate Division of the Supreme Court of the State of New York · 1918
- Greenblatt v. MendelsohnCity of New York Municipal Court · 1905
- John D. Park & Sons Co. v. HubbardAppellate Division of the Supreme Court of the State of New York · 1909
- Bank of the Metropolis v. LissnerAppellate Division of the Supreme Court of the State of New York · 1896
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