Rivers v. New York Evening Journal Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,, The-New York Evening Journal Bnblishing Compairty, from an interlocutory-judgment of the1 Supreme Court in favor of .the plaintiff, entered in the -office of', the clerk of the county of Kings on. the 7th day of Eebrtiafy, 1907, upon the • decision of the. court, rendered after a' trial at'the Kings1 County Special Term, overruling the defendant’s demurrer to the-complaint. -
1Opinion of the Court
Jenks, J.:
We thinlc that this - judgment should be affirmed for the reasons stated by the learned justice who presided at tlie Special Term. We may add as authorities which sustain his conclusion Gidney v. Blake (11 Johns. 54); Dorland v. Patterson (23 Wend. 422, 424.)
The interlocutory judgment must be affirmed, with leave to the defendant to plead over upon payment of costs.
Woodward, Hooker, G-aynor and Rich, JJ., concurred.
Interlocutory judgment affirmed, with costs.
The following is the opinion delivered at Special Term :
Burr, J.:
It is not necessary to allege in the language of the statute…
2Cases cited3 opinions
- Dorland v. PattersonNew York Supreme Court · 1840
- Gidney v. BlakeNew York Supreme Court · 1814
- Jacquelin v. Morning Journal Ass'nAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Hinsdale v. Orange County Publications, Inc.New York Court of Appeals · 1966
- Callahan v. Josef Israels II, & Doubleday, Doran & Co.New York Supreme Court · 1931
- de Festetics v. Sun Printing & Publishing Ass'nNew York Supreme Court · 1907