Weiner v. Yale Knitting Mills
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Yale Knitting Mills, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the plaintiffs, rendered on the 17th day of January, 1910.
1Opinion of the Court
Jenks, J.:
The defendant states in his notice of appeal from the judgment that he will bring up for review “ a certain interlocutory judgment filed herein * * * styled * * ■* a ‘ Decision.’ ” There is no provision in the Municipal Court for an interlocutory judgment on demurrer. Where a demurrer is interposed and disallowed, the court must grant leave to plead, or, if the court deems it well founded, it must permit the pleading to be amended, and if the party fail so to_ amend, the defective pleading must be disregarded. *534(Mun. Ct.'Act, § 145.) The ruling of the court upon the demurrer. may be…
2Cases cited4 opinions
- Clark v. . PostNew York Court of Appeals · 1889
- Tracy v. TracyNew York Supreme Court · 1891
- Goldman v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Washington v. NicholsNew York Court of Appeals · 1873
3Cited by7 opinions
- Di Palma v. QuinnAppellate Terms of the Supreme Court of New York · 1918
- Allen v. FormanCity of New York Municipal Court · 1944
- Apple v. National Automatic Weighing Machine Co.Appellate Terms of the Supreme Court of New York · 1912
- Hamilton v. Marine Journal Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Rohman v. JafferAppellate Terms of the Supreme Court of New York · 1914
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