Price v. Evans
New York County Courts
1Opinion of the CourtHazard, J.
The suggestion made by me some days ago that an amended return or stipulation be filed, giving some idea of the chronology of this case, has not up to date borne any fruit; but I have given to it considerable study and thought, and am now convinced that the question of whether the undertaking and the answer, setting up the plea that title to real estate comes into question, were filed simultaneously or not, is not absolutely of controlling importance. It is true that section 173 of the Justice Court Act reads that the undertaking must be delivered to the justice “ with the answer,” and it is…
2Cases cited6 opinions
- MacDonnell v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1908
- Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
- Moore v. WoodNew York Supreme Court · 1860
- Simon v. SimonAppellate Division of the Supreme Court of the State of New York · 1899
- Barnard v. Clark, New York County Courts1900
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