Mestrum v. Cranides
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant rendered in the Municipal Court of the city of New York, borough of Manhattan, first district, bringing up for review the order sustaining defendant’s demurrer to the complaint.
1Opinion of the CourtLehman, J.
'The plaintiff herein sues in the Municipal Court upon a judgment obtained in that court and thereafter docketed in the office of the county clerk of the county of New York. The defendant demurred to the complaint and the trial justice sustained the demurrer and dismissed the complaint on the merits. There can be no doubt that the so-called order adjudging that the action is dismissed upon the merits is a judgment and that the plaintiff’s practice in appealing therefrom is correct. The appellant does not upon this appeal question the power of the court to dismiss the complaint upon the merits…
2Cases cited2 opinions
- Keve v. Columbia Kid Hair Curlers Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Carpenter v. PirnerAppellate Terms of the Supreme Court of New York · 1907