Peabody v. West
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emma.C. West, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Westchester on the- 25th day of August, 1906, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendant’s demurrer to the complaint. ...
1Opinion of the Court
Gaynor, J. :
The defendant demurred to the complaint, which is for the foreclosure of a mortgage on real property, on the ground that it did. not state facts sufficient. The plaintiff gave notice of motion at the Special Term for motions in Kings County for judgment thereon as frivolous. Instead a decision was made overruling the demurrer ' as upon a trial of the issue of law, and an interlocutory judgment to that effect was entered, with leave to plead over. If this was a mistake the defendant should have moved before the court below to correct it. But it does not seem to be a mistake. The…
2Cited by1 opinion
- Ullman v. TannerAppellate Division of the Supreme Court of the State of New York · 1908