Barney v. King
New York Supreme Court
Appeal from special term. Action by Charles T. Barney and Helen T. Barney against John M. King, Frances Webster, and others, brought to foreclose two mortgages, dated Feb- ‘ ruarv 26, 1889. Defendant Webster appeals from order striking out her answer as sham and frivolous.
1Opinion of the CourtVan Brunt, P. J.
It is plain from the argument made in support of the appeal from the order granting motion for judgment upon the ground that the answer was frivolous that it is not so deemed by the respondents’ counsel. He has presented the case to the general term as though the appeal was from an order sustaining a demurrer to the answer. The rule is too well settled to need elaboration here that a pleading cannot be declared frivolous where argument is necessary in order to demonstrate its weakness. There is another branch of the case, however, which it is necessary to consider, and that is that part of…
2Cases cited3 opinions
- Wayland v. . TysenNew York Court of Appeals · 1871
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Rogers v. . VosburghNew York Court of Appeals · 1881
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- Westervelt v. MorrelleCity of New York Municipal Court · 1899