Anderson v. McNeely
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julia A. McKeely, from an order of the Oounty Court of Sullivan county, entered in the office of the cleric of said county on the 8th day of April, 1907, directing a judgment of foreclosure in favor of the plaintiffs upon the ground that the answer of the defendant Julia A. McKeely is frivolous.
1Opinion of the Court
Roosa, J.:
This is a motion to strike out the answer as frivolous. The action is brought to foreclose a mortgage made and executed by Archibald I. McKeely to the plaintiffs. •
Julia A. McKeely, the wife of Archibald I. McKeely, did not. sign the mortgage. The motion of - the plaintiffs is for judgment upon the pleadings, upon the ground that the answer does not deny any of the allegations of the complaint, nor contain any defense valid at law, and is, therefore, frivolous.
The application .is made for judgment - under section 537 of the Code of Civil Procedure. A frivolous answer denies no…
2Cases cited5 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- Fern v. OsterhoutAppellate Division of the Supreme Court of the State of New York · 1896
- Hull v. SmithThe Superior Court of New York City · 1852
- Soper v. St. Regis Paper Co.Appellate Division of the Supreme Court of the State of New York · 1902
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- Hildenbrand v. RuckertNew York Supreme Court · 1920