Morris v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York county. Action by Francis Morris against Edward R. Thomas and another. After an order granting leave.to the plaintiff to amend his complaint, he defaulted therein, and from a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtMcLAUGHLIN, J.
At the trial, after a jury had been impaneled, and before any further proceedings had been taken, a motion was made by the defendants to dismiss the complaint upon the ground that it did not state facts sufficient to constitute a cause of action, and thereupon, upon plaintiff’s application, a juror was withdrawn, and plaintiff was granted leave to serve an amended complaint within the time specified upon payment of the taxable costs in the- action to that time, and, if he failed to pay such costs and serve an amended complaint within the time named, the defendants were permitted to enter…
2Cases cited2 opinions
- Driscoll v. DownerNew York Supreme Court · 1890
- De Camp v. . McIntireNew York Court of Appeals · 1889