Rankin v. Bush
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, John J. Bush and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th d|ay of July, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the separate demurrers interposed by the said defendants to the plaintiff’s amended complaint, and also (as stated in the notice of appeal) from an order…
Read the full summary
Appeal by the defendants, John J. Bush and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th d|ay of July, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the separate demurrers interposed by the said defendants to the plaintiff’s amended complaint, and also (as stated in the notice of appeal) from an order entered in said clerk’s office on the 6th day of July, 1904, directing the entry of the interlocutory judgment appealed from.
1Opinion of the Court
Ingraham, J.:
This case was before this court upon an appeal from an order overruling the defendants’ demurrer to the complaint as frivolous and directing that judgment be entered thereon for the plaintiff. (93 App. Div. 181.) Upon that appeal it was held that the demurrer was not frivolous, as its insufficiency did not appear upon a bare *512inspection of the complaint without argument. After this decision the complaint was amended; to this amended complaint the defendants again demurred, which demurrer was overruled, and from the interlocutory judgment overruling the demurrer the defendants…
2Cases cited1 opinion
- Rankin v. BushAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Nachod v. HindleyAppellate Division of the Supreme Court of the State of New York · 1907
- Vincent v. StearnsAppellate Terms of the Supreme Court of New York · 1905