Hagin v. Cayuga Lake Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Cayuga Lake Cement Company, from an order of the County Court of Tompkins county, entered in the office of the clerk of the county of Tompkins on the 15th day of March, 1904, striking out a counterclaim from the defendant’s answer and transferring the cause from the trial calendar to the law calendar of the Tompkins County Court. This action was commenced in Justice’s Court.
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Appeal by the defendant, the Cayuga Lake Cement Company, from an order of the County Court of Tompkins county, entered in the office of the clerk of the county of Tompkins on the 15th day of March, 1904, striking out a counterclaim from the defendant’s answer and transferring the cause from the trial calendar to the law calendar of the Tompkins County Court. This action was commenced in Justice’s Court. The complaint alleged: “ That within the past three months the plaintiff performed services for the defendant at its cement works in the town of Lansing, Tompkins County, Ñew York, at the…
1Opinion of the Court
Chase, J.:
The respondent calls our attention to the following cases: Hall v. Werney (18 App. Div. 565); Baum's Castorine Co. v. Thomas (92 Hun, 1); Hinkley v. Troy & Albia R. R. Co. (12 id. 281); Denniston v. Trimmer (27 id. 393); Harvey v. Van Dyke (66 How. Pr. 396); Houghton v. Kenyon (38 id. 107); Moore v. Trimmer (6 N. Y. Supp. 430), and contends that they are authority for the order made herein. The foundation for such contention rests upon the assertion that the defendant’s counterclaim is not one that can be considered in this action.
Section 2945 of the Code of Civil Procedure…
2Cases cited7 opinions
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
- Ward v. Saint Vincent's HospitalAppellate Division of the Supreme Court of the State of New York · 1899
- Hall v. WerneyAppellate Division of the Supreme Court of the State of New York · 1897
- Baum's Castorine Co. v. ThomasNew York Supreme Court · 1895
- Ward v. St. Vincent's HospitalNew York Supreme Court · 1898
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