Hoyt v. Terwilliger

*130This action was brought by Oscar Hoyt against Phoebe J. Terwilliger. The facts material to the motion are stated in the opinion.

Tappen, J.

The defendant demurred to plaintiff’s complaint. The demurrer was overruled at special term with leave to answer in twenty days, &c. The defendant appealed in due time to the general term. Pending the appeal, and after the twenty days, the plaintiff entered judgment. The order overruling the demurrer was affirmed at general term, and defendant thereafter moved to set aside the judgment as irregularly entered, upon the ground that the appeal operated as a…