Pomeroy v. Hocking Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Daniel E. Pomeroy and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of October, 1918, granting defendant leave upon certain conditions to serve .and file a third supplementary answer in the form proposed and referring the issues arising thereon to a referee to hear, try and determine and further permitting the judgment herein entered in…
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Appeal by the plaintiffs, Daniel E. Pomeroy and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of October, 1918, granting defendant leave upon certain conditions to serve .and file a third supplementary answer in the form proposed and referring the issues arising thereon to a referee to hear, try and determine and further permitting the judgment herein entered in plaintiffs’ favor and against the defendant on the 26th day of December, 1917, upon the report of a referee to stand as…
1Opinion of the Court
Laughlin, J.:
The motion, made by the defendant, which resulted in the order from which the appeal was taken, was “ for an order (a) vacating absolutely the judgment entered herein on December 26, 1917, or, in the alternative (b) vacating the judgment heretofore entered herein, with leave to the defendant to serve and file a supplementary answer ” in the form annexed to the motion papers and to offer proof in support thereof and thereupon to move for the relief therein prayed for, “ or in the alternative (c) granting leave to the defendant, upon the additional facts set forth in its moving…
2Cases cited10 opinions
- Ladd v. . StevensonNew York Court of Appeals · 1889
- Hatch v. . Central National BankNew York Court of Appeals · 1879
- Wetmore v. LawNew York Supreme Court · 1860
- Mott v. . Union Bank of City of New YorkNew York Court of Appeals · 1867
- McNulty v. . HurdNew York Court of Appeals · 1881
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- D'Elisa v. RittondoNew York Supreme Court · 1919
- D'Eliza v. . RitondoNew York Court of Appeals · 1923
- Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919