Moisen v. Burr
Appellate Division of the Supreme Court of the State of New York
Appeal from Rockland County Court. Action by John W. Moisen against Henry B. Burr. From an order allowing defendant to serve an amended answer, plaintiff appeals. Reversed.
1Opinion of the CourtHirschberg, P. J.
The order appealed from cannot be sustained. The action was originally commenced in justice’s court, where the defendant took issue by pleading facts, without other matter of defense, showing that the title to real property would come in question. The action was thereupon duly discontinued before the justice, and a new action was brought by the plaintiff in the county court for the same cause of action as that originally asserted. The defendant interposed the same answer as in the justice’s court, but has been allowed to amend it by the order appealed from, so as to allege a new and…
2Cases cited8 opinions
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- Spears v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1878
- O'Brien v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Proctor v. Albany C. P.New York Supreme Court · 1838
- Rundle v. GordonAppellate Division of the Supreme Court of the State of New York · 1898
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