Morris v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Francis Morris, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 7th day of May, Í902, upon the dismissal of the complaint by direction of the court at the New York Trial Term after the impaneling of a jury, and also from an order entered in said clerk’s office on the 1st day of May, 1902, dismissing the complaint.
1Opinion of the Court
McLaughlin, 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not state facts sufficient to constitute a cause of action, and thereupon, upon plaintiff’s application, a juror was withdrawn and plaintiff was granted leave to serve an amended complaint within a time specified, upon payment of the taxable costs in the action to that time, and if he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…
2Cases cited2 opinions
- Driscoll v. DownerNew York Supreme Court · 1890
- De Camp v. . McIntireNew York Court of Appeals · 1889