Legal Opinion

Austin v. Westchester Telephone Co.

The Superior Court of New York City

Decided April 15, 1894Published

Appeal from interlocutory judgment, entered on demurrer^ and from judgment, entered on the pleadings.

1Opinion of the CourtGtIldersleeve, J.

This is an appeal from a j udgment, entered upon the pleadings, in favor of the plaintiff and against the defendant, for the sum of $1,275.31. The action was brought to recover certain personal taxes, assessed against the defendant, for the years 1889 and 1890. To the amended answer the plaintiff first demurred, and the demurrer was sustained in part and overruled in part. Upon the pleadings, as they then stood, after such demurrer had been in part sustained, the plaintiff moved for judgment upon the ground that the amended answer was frivolous. This motion was granted, and judgment for…

2Cases cited10 opinions

  1. Barhyte v. . ShepherdNew York Court of Appeals · 1866
  2. Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
  3. Southwick v. . SouthwickNew York Court of Appeals · 1872
  4. In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
  5. Buffalo & State Line Railroad v. Board of SupervisorsCommission of Appeals · 1871

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