Legal Opinion

Lemen v. Wood

New York Supreme Court

Decided March 15, 1858PublishedCited by 2 opinions

Before Welles, Smith and Johnson, Justices. Appeal from order at special term, denying motion by defendants to set aside or modify judgment for plaintiff, by striking out or vacating all of the judgment relating to costs, &c.

1Opinion of the Court

Welles, Justice.

The action was originally brought against David J. Wood, to recover money alleged to be due on contract. The defendant demurred to the complaint, which demurrer was sustained at special term. The plaintiff appealed to the general term from the order sustaining the demurrer, and after the appeal was perfected and before the same was decided, the defendant, the said David J. Wood, died. The action was continued against the above defendants as administrators of the said David J. Wood, deceased, by an order of the court duly made on motion. The general term reversed the order…

2Cases cited1 opinion

  1. Bradley v. BurwellNew York Supreme Court · 1846

3Cited by2 opinions

  1. Tindal v. JonesNew York Supreme Court · 1860
  2. Mitchell v. MountNew York Court of Common Pleas · 1863

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