The People v. . Northern Railroad Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the fourth district, affirming a judgment entered by the direction of a single judge at Special Term, in that district. On the 29tli of May, 1867, upon presenting to a justice of the Supreme Court the complaint duly verified, leave was granted to the Attorney-General, pursuant to section 430 of the Code, to bring this action.
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Appeal from an order of the General Term of the Supreme Court, in the fourth district, affirming a judgment entered by the direction of a single judge at Special Term, in that district. On the 29tli of May, 1867, upon presenting to a justice of the Supreme Court the complaint duly verified, leave was granted to the Attorney-General, pursuant to section 430 of the Code, to bring this action. Afterward, the defendants above named, who are appellants, appeared; but whether the summons was served on any other of the defendants named in the complaint, the record does not show. The complaint…
1Opinion of the CourtLott, J.
Assuming that a denial by the defendants, in their answer, of each and every allegation and averment in the complaint in this action contained, not therein before specifically admitted, is sufficient to controvert the matters, if any, not so admitted, and put them in issue, it appears by an examination of its contents that no material fact is denied.
■ It is true, that there is no admission in express terms, as alleged in the complaint “ that ever since October, 1854, the said corporation has remained insolvent and neglected to pay its notes and other evidences of debt and entirely suspended…
2Cited by16 opinions
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- Whitney v. . Town of TiconderogaNew York Court of Appeals · 1891
- Globe Milling Co. v. Minneapolis Elevator Co.Supreme Court of Minnesota · 1890
- State ex rel. McArthur v. McLeanNorth Dakota Supreme Court · 1916
- In re the Estate of GrubeNew York Surrogate's Court · 1938
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