Legal Opinion

Ullman v. Tanner

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1908Published

Appeal by the plaintiffs, Julius Ullman and others, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 28th day of January,. 1908, upon the decision of the court, rendered after a trial at. the Erie Special Term, overruling the-plaintiffs’ demurrer to the answer.

1Opinion of the Court

Spring, J.:

The plaintiffs demurred to the defense contained in the 3d paragraph of the defendant’s answer on the ground that it failed to state any defense. The issue of law raised by the demurrer was brought on for argument at a Special Term in the county of Erie, and on that day the defendant served an amended answer, omitting the objectionable defense. His time to serve the amended answer as of course had not expired, and he was, therefore, within his rights in serving it. (Code Civ. Proc. § 542; Muglia v. Erie R. R. Co., 97 App. Div. 532, 534.)

The effect of the service of this amended…

2Cases cited5 opinions

  1. Wheelock v. . LeeNew York Court of Appeals · 1878
  2. Coler v. LambAppellate Division of the Supreme Court of the State of New York · 1897
  3. Romaine v. BowdoinNew York Supreme Court · 1893
  4. Muglia v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904
  5. Peabody v. WestAppellate Division of the Supreme Court of the State of New York · 1907

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