Buttling v. Hatton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Loftns D. Hatton and others, from an order of the Supreme Court, made at the Kings County' Special Term and entered in the office of the clerk of the county of Kings on the 31st day of May, 1898, granting the plaintiff leave to serve an amended and supplemental complaint.
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Appeal by the defendants, Loftns D. Hatton and others, from an order of the Supreme Court, made at the Kings County' Special Term and entered in the office of the clerk of the county of Kings on the 31st day of May, 1898, granting the plaintiff leave to serve an amended and supplemental complaint. This action was begun on the 26th day of December, 1896. The judgment in the execution creditor’s action was entered On the- 9th day of May, 1898, mme pro tuno as of the 27th day of November, 1896. Section 162 of the Code of Civil Procedure, referred to in the opinion, is as follows : “ In an action…
1Opinion of the Court
Hatch, J.:
In varying form this cage has been twice before this court. Hpon the first appeal, while we sustained the right of the plaintiff to move for summary judgment under the provisions of section 162 of the Code of Civil Procedure, yet we reversed the judgment which had been granted upon motion properly made therefor, holding that the defendants were entitled to contest upon such hearing the charge for counsel fees in defending the action brought by the execution creditor against the plaintiff to recover for the escape of *553the person in the custody of the plaintiff as sheriff from the…
2Cases cited4 opinions
- Haddow v. . LundyNew York Court of Appeals · 1874
- Spears v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1878
- Buttling v. HattonAppellate Division of the Supreme Court of the State of New York · 1897
- Buttling v. HattonAppellate Division of the Supreme Court of the State of New York · 1898