Jones v. . Ludlum
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, the material portion of which and the facts are set forth sufficiently in the opinion. The form of plaintiff’s denial in his reply did not render the pleading frivolous. (Chapman v. Chapman, 34 How., 241; Moak’s V. S. Pldgs. [3d ed.], 526; Espinosa v. Gregory, 40 Cal., 61-62. The order appealed from was not appealable.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, the material portion of which and the facts are set forth sufficiently in the opinion. The form of plaintiff’s denial in his reply did not render the pleading frivolous. (Chapman v. Chapman, 34 How., 241; Moak’s V. S. Pldgs. [3d ed.], 526; Espinosa v. Gregory, 40 Cal., 61-62. The order appealed from was not appealable. (Armstrong v. Weed, 62 N. Y., 250; Wilkin v. Raplee, 52 id., 248; Coil v. Stewart, 50 id., 18; Baker v. Cocks, id., 689; People v. Benedict, 47…
1Per curiam
The complaint in this action was for the foreclosure of a mortgage. The answer set up a counterclaim for $1,000, and to this the plaintiff replied as follows : “ And the said plaintiff, for a reply to so much of defendant’s answer as constitutes a counter-claim, says that he denies each and every allegation therein contained.” The defendant moved, at Special Term, to overrule this reply as frivolous, and for judgment, and the court made an order “ that the reply be overruled as frivolous, with leave to the plaintiff to reply within twenty days after the service of the order, upon paying ten…
2Cases cited3 opinions
- Briggs v. . BergenNew York Court of Appeals · 1861
- Arthur v. BrooksNew York Supreme Court · 1853
- McKinney v. SaviegoSupreme Court of the United States · 1856
3Cited by11 opinions
- Kirschbaum v. . EschmannNew York Court of Appeals · 1912
- Humble v. McDonoughSuperior Court of Buffalo · 1893
- Corn v. LevyAppellate Division of the Supreme Court of the State of New York · 1904
- Lappley v. StateWisconsin Supreme Court · 1919
- Sheldon v. HeatonNew York Supreme Court · 1894
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