Legal Opinion

Shiffner v. Beck

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

Decided December 31, 1913PublishedCited by 3 opinions

Appeal by the plaintiff, Clara Shiffner, from, an order of the Supreme Court, made at the Orange County Special Term and entered in the office of the clerk of the county of Orange on the 26th day of April, 1913, as resettled by an order entered in said clerk’s office on the 6th day of June, 1913, and also from an order entered in said clerk’s office on the 26th day of April, 1913, purporting to amend and resettle an order entered therein on the 1st day of August, 1912.

1Opinion of the Court

Rich, J.:

In February, 1912, this action was commenced to recover for malicious prosecution. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, and thereafter moved for judgment on the pleadings. Upon the hearing it was ordered that the plaintiff have judgment overruling said demurrer, without costs, but with leave to the defendant within twenty days after service of a copy of said judgment to withdraw said demurrer and answer the complaint, and that in case of a failure of the defendant to serve an answer within that…

2Cases cited2 opinions

  1. National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
  2. The National Park Bank of New York v. . BillingsNew York Court of Appeals · 1911

3Cited by3 opinions

  1. Dedrick v. Port Jervis Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1916
  2. Shiffner v. BeckAppellate Division of the Supreme Court of the State of New York · 1914
  3. Shiffner v. BeckAppellate Division of the Supreme Court of the State of New York · 1914

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