Waltham Manufacturing Co. v. Brady
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the W altham Manufacturing Company, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of May, 1901, granting the plaintiff’s motion to strike out certain portions of the answer as fails to provide for the service of the defendants’ amended answer upon the plaintiff, and also from an order of the Supreme Court, made at the New York Special…
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Appeal by the plaintiff, the W altham Manufacturing Company, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of May, 1901, granting the plaintiff’s motion to strike out certain portions of the answer as fails to provide for the service of the defendants’ amended answer upon the plaintiff, and also from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 10th day of June, 1901, denying the…
1Opinion of the Court
Patterson, J.:
The plaintiff appeals from two orders, by one of which its motion to strike out certain parts of the defendants’ answer was granted, but no provision is contained in that order requiring the service by the defendants of an amended answer. The second order was made upon the denial of the plaintiff’s motion to resettle the first by adding thereto the requirement that an amended answer be served. The appeal from the second order must be dismissed, as such an order is not appealable.
Concerning the first order, it is quite evident that it should have contained a provision requiring…
2Cited by9 opinions
- In re National Gramophone Corp.Appellate Division of the Supreme Court of the State of New York · 1903
- West Side National Bank of Chicago v. Warsaw Discount BankAppellate Division of the Supreme Court of the State of New York · 1922
- McAvoy v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Garofalo v. PrividiAppellate Terms of the Supreme Court of New York · 1904
- In re Directors of National Gramophone Corp.Appellate Division of the Supreme Court of the State of New York · 1903
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