Asphalt Construction Co. v. Bouker
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term. Action by the Asphalt Construction Company against De Witt C. Bouker, Jr., and Andrew A. Bouker, impleaded with another. From an order amending a decision and interlocutory judgment nunc pro tunc, defendants Boulcer appeal.
1Opinion of the Court
LÁUGHLIN, J.
The decision which was the basis of the interlocutory judgment was made on the trial of an issue of law arising upon the plaintiff’s demurrer to a separate defense interposed in the joint answer of the appellants. The court overruled the demurrer, with costs; but no provision was inserted in the decision or in the interlocutory judgment granting leave to plaintiff to withdraw the demurrer as an admission of the facts to which it was interposed. No motion was made to correct the decision or interlocutory judgment in this regard, nor was an appeal taken therefrom. The issues of fact…
2Cases cited2 opinions
- National Contracting Co. v. Hudson River Water Power Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Thistle v. JonesAppellate Division of the Supreme Court of the State of New York · 1907