Asphalt Construction Co. v. Bouker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, De Witt C. Bouker, Jr., and another, from an order of the Supreme Court, made at the Hew York Special Term, and entered in the office of the clerk of the county of New York on the 8th day of June, 1908, granting the plaintiff’s motion to amend an order and interlocutory judgment entered herein nunc fro tunc.
1Opinion of the Court
Laughlin, J.:
The decision, which was the basis' of the interlocutory judgment, was- made on the trial of an issue of law arising upon the plaintiff’s demurrer to a separate defense interposed in the joint answer of the appellants. The court overruled the demurrer, with costs, but no provision was inserted in the decision or in the interlocutory judgment granting leave to plaintiff to withdraw the demurrer as an admission of the facts to which it was interposed. N<j motion was made to correct the decision or interlocutory judgment in this regard, nor was an appeal taken therefrom. The issues…
2Cases cited1 opinion
- National Contracting Co. v. Hudson River Water Power Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911