The National Park Bank of New York v. . Billings
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1911, which modified and affirmed as modified an order of Special Term granting a motion for judgment upon the pleadings in a judgment creditor’s action to secure the sale of an alleged interest of the defendant Billings in his father’s estate to satisfy a judgment. The following questions were certified: “First.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 19, 1911, which modified and affirmed as modified an order of Special Term granting a motion for judgment upon the pleadings in a judgment creditor’s action to secure the sale of an alleged interest of the defendant Billings in his father’s estate to satisfy a judgment. The following questions were certified: “First. May the court upon motion, after issue joined in an action by demurrer to the complaint, give judgment upon the pleadings? “Second. Does the complaint…
1Opinion of the Court
Order affirmed, with costs, on opinion of Miller, J., below, and questions certified answered in the affirmative.
Concur: Cullen, Oh. J., Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ.; Haight, J., concurs with Miller, J., below, so far as the merits are concerned, but dissents as to the practice upon opinion of McLaughlin, J., below.
2Cited by32 opinions
- In re MeekerNew York Surrogate's Court · 1929
- Clowe v. . SeaveyNew York Court of Appeals · 1913
- Whittemore v. Equitable Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Dickerson v. SheehyAppellate Division of the Supreme Court of the State of New York · 1913
- Culver v. Title Guarantee Trust Co.New York Court of Appeals · 1946
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