Cashman v. . Reynolds
New York Court of Appeals
Appeal from order of the General' Term of the Supreme Court in the first judicial department, made at the February term 1890, which affirmed an order of Special Term denying a. motion to compel the acceptance of service of an alleged amended answer in the above-entitled action. The facts, so far as material, are stated in the opinion. The order of the General Term is appealable to this court.
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Appeal from order of the General' Term of the Supreme Court in the first judicial department, made at the February term 1890, which affirmed an order of Special Term denying a. motion to compel the acceptance of service of an alleged amended answer in the above-entitled action. The facts, so far as material, are stated in the opinion. The order of the General Term is appealable to this court. (Tilton v. Beecher,, 59 N. Y. 176 ; E. L. I. Society v. Stevens, 63 id. 341; Hewlett v. Wood, 67 id. 394; Marvin v. Marvin, 78 id. 541; Brown v. Brown, 58 id. 609.) The court below should have reversed…
1Opinion of the CourtO’Brien, J.
The defendants in this case sought, as matter of right, to amend a demurrer which raised an issue of law by the service of an answer which, if allowable, changed the issue- into one of fact. Tlie plaintiff refused to receive the answer served as amendment to .a demurrer, and then .the defendants invoked the powers of the court to compel him to do so. The -court held that it had no power to force' this practice upon the plaintiff, and the General Term is of the same opinion.
As the order decided a question of power in. the courts below, it is reviewable here. The amended complaint stated ■•a…
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- Stewart v. BlatchleyNew York Supreme Court · 1893
- Kaughran v. KaughranAppellate Division of the Supreme Court of the State of New York · 1902
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