Legal Opinion

Gideon v. Dwyer

New York Supreme Court

Decided May 15, 1896PublishedCited by 17 opinions

Motion to open judgment for default of an answer.

1Opinion of the CourtPryor, J.

The action is for slander. The defendant demurred to the complaint for insufficiency in substance; but the demurrer was overruled, with leave to answer. Instead- of answering, however, the defendant appealed to the General Term from the interlocutory judgment on the demurrer; but it was affirmed again, v/ith leave to answer. Still the defendant declined to answer, and appealed to the Court of Appeals from the affirmance of the interlocutory judgment. The Court of Appeals having no jurisdiction of the appeal' dismissed it. Ho answer being yet interposed, on the 7th of January, 18-96, judgment…

2Cases cited3 opinions

  1. Sharp v. Mayor of New YorkNew York Supreme Court · 1860
  2. Meacham v. DudleyNew York Supreme Court · 1831
  3. Levy v. JoyceThe Superior Court of New York City · 1857

3Cited by17 opinions

  1. Allen v. FinkAppellate Division of the Supreme Court of the State of New York · 1925
  2. Baldwin v. Yellow Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1927
  3. Reich v. CochranAppellate Division of the Supreme Court of the State of New York · 1905
  4. Warth v. Moore Blind Stitcher & Overseamer Co.Appellate Division of the Supreme Court of the State of New York · 1908
  5. Central Bank v. Willcox-Pima Overland Co.Arizona Supreme Court · 1920

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