Miles v. Weisbecker
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from an order of the Municipal Court of the city of ¡New York, borough of Manhattan, seventh district, denying a motion of the defendants to open their default for failure to answer after their demurrer to the complaint had been overruled, and also from a judgment of the same court rendered in favor of the plaintiffs entered upon an order overruling said demurrer.
1Opinion of the CourtLehman, J.
The plaintiffs have brought an action against the defendants in their- representative capacity for goods sold and delivered to the defendants. The defendants demurred to the complaint. The demurrer was overruled, with leave to plead over. The defendants failed or refused to plead over, and final judgment was entered upon the order overruling the demurrer. The defendants then appealed from the order and judgment. The final judgment is not a default judgment, and an appeal lies from that judgment. Furniss v. Furniss, 148 App. Div. 217.
The complaint seeks to hold the estate of the decedent upon…
2Cases cited3 opinions
- O'Brien v. . JacksonNew York Court of Appeals · 1901
- Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
- Furniss v. FurnissAppellate Division of the Supreme Court of the State of New York · 1911