Elwell v. . Johnson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term sustaining a demurer to plaintiffs’ complaint. (Reported below, 3 Hun, 558.) The material portions of the orders are set forth in the opinion. The objection that the court has no jurisdiction because it was sought to invalidate a judgment of the Probate Court of Michigan was frivolous.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term sustaining a demurer to plaintiffs’ complaint. (Reported below, 3 Hun, 558.) The material portions of the orders are set forth in the opinion. The objection that the court has no jurisdiction because it was sought to invalidate a judgment of the Probate Court of Michigan was frivolous. (Warner v. Blakeman, 4 Keyes, 487.) The interest of the plaintiffs being common their number was immaterial there being more-than one. (Boughton v. City of B’klyn, 15 Barb., 375;…
1Opinion of the CourtAndrews, J.
An order sustaining a demurrer to a complaint, and dismissing it with costs, unless the plaintiff amends and pays the costs of the demurrer, within a specified time,' cannot be reviewed in this court until after final judgment has been entered for the defendants, dismissing the complaint. (Adams v. Fox, 27 N. Y., 640; Armstrong v. Weed, 62 id., 250; Brinkley v. Brinkley, 47 id., 46.) No final judgment on the demurrer in this case has been entered.
The order of the Special Term, allowing the defendants’ demurrer, was made June 6, 1874, and it directed that the defendants have judgment…
2Cases cited1 opinion
- Adams v. . FoxNew York Court of Appeals · 1863
3Cited by7 opinions
- In re the Estate of SmithCalifornia Supreme Court · 1893
- Kuehn v. KuehnCourt of Appeals of Texas · 1921
- Lipe v. FoxSupreme Court of Colorado · 1895
- Whitfield v. Broadway & Seventh Avenue RailroadNew York Court of Common Pleas · 1890
- Clark v. Village of North MuskegonMichigan Supreme Court · 1891
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