Spears v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial department, affirming conditionally an order of Special Term denying a motion on the part of the Mayor, etc., appellant, for leave to file a supplemental answer. This action was brought to establish plaintiff’s right to an award made to one Thompson, for property taken for widening Broadway in the city of New York.
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Appeal from an order of the General Term of the Supreme Court in the first judicial department, affirming conditionally an order of Special Term denying a motion on the part of the Mayor, etc., appellant, for leave to file a supplemental answer. This action was brought to establish plaintiff’s right to an award made to one Thompson, for property taken for widening Broadway in the city of New York. Plaintiff claimed as assignee of Thompson, defendant Matthews also claimed to be entitled to the award. The fund in controversy was in the hands of the city at the time the action was commenced. In…
1Opinion of the CourtFolger, J.
We are of the opinion that the order in this case is not appealable. It is conceded by the appellant that under the former Code of Procedure (§ 177), the allowance of a supplemental answer was in the discretion of the court to Avhicli the motion therefor was made; but it is claimed that by the present Code (§ 544), it is no longer discretionary, and that “ the court * * * in a proper case must, upon such terms as are just, permit ” a supplemental answer. We do not agree entirely either with the concession or the claim.
In Holyoke v. Adams (59 N. Y., 233), we considered this^ question Avith the…
2Cases cited2 opinions
- Holyoke v. . AdamsNew York Court of Appeals · 1874
- Medbury v. . SwanNew York Court of Appeals · 1871
3Cited by19 opinions
- Spears v. . Mayor, Etc., City of N.Y.New York Court of Appeals · 1882
- People v. SchonfeldNew York Court of Appeals · 1989
- In Re the Estate of ThurberNew York Court of Appeals · 1900
- John D. Park & Sons Co. v. HubbardNew York Court of Appeals · 1910
- Stone v. PrattNew York Supreme Court · 1895
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