Underhill v. Phillips
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Silas A. Underhill, from a final' judgment of the County Court of Kings county in favor of the defendant, entered in . the office of the clerk- of the county of Kings on the- 13th day of January, 1898, dismissing the complaint, with notice of an intention to' bring up for review upon such appeal ■an interlocutory judgment, of the County Court of.
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Appeal by the plaintiff, Silas A. Underhill, from a final' judgment of the County Court of Kings county in favor of the defendant, entered in . the office of the clerk- of the county of Kings on the- 13th day of January, 1898, dismissing the complaint, with notice of an intention to' bring up for review upon such appeal ■an interlocutory judgment, of the County Court of. Kings county in favor - of ■ the defendant entered in said clerk’s office on the 11th day of December, 1897, upon the decision of the court sustaining the defendant’s demurrer to the plaintiff’s complaint. This action was…
1Opinion of the Court
Goodrich, P. J.:
The complaint alleges that on May 21, 1877, in the County Court of Kings county, “ the plaintiff recovered two judgments which were duly given by said court.” The defendant demurs on the ground that the complaint does not state facts sufficient to constitute a cause of action, his contention being that there is no allegation that such judgments were duly docketed, or that leave to sue was granted by the court previously to the commencement of the action.
Section 1913 of the Code of Civil Procedure reads as follows: “ Except in a case where it is otherwise specially prescribed…
2Cited by4 opinions
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- Susskind v. FreundCity of New York Municipal Court · 1933
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- Heyman v. WickCity of New York Municipal Court · 1932