Legal Opinion

Fisher v. Gould

New York Court of Common Pleas

Decided December 1, 1879PublishedCited by 1 opinion

Appeal from an order of this court at special term, granting leave to the defendant to withdraw a demurrer to the complaint and serve an answer. The facts, so far as material, and the proceedings in the action, are stated in the opinion.

1Opinion of the Court

Charles P. Daly, Chief Justice.

The demurrer to the plaintiff’s complaint was overruled at the special term, and *145judgment ordered, unless the defendant should, within twenty days, put in an answer, and the twenty days having elapsed without any answer having been put in, the judgment was formally entered, and became final. From the judgment thus entered, the defendant appealed to the general term, where the judgment was affirmed, the costs of appeal taxed, and a formal judgment of affirmance was entered. From this judgment, the defendant appealed to the court of appeals; and, as appears from…

2Cases cited4 opinions

  1. Furman v. HaskinNew York Supreme Court · 1805
  2. Andrews v. BeeckerNew York Supreme Court · 1800
  3. Whiting v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
  4. Seaman v. HaskinsNew York Supreme Court · 1801

3Cited by1 opinion

  1. Mulcahy v. DevlinNew York Court of Common Pleas · 1883

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