Swan v. Mutual Reserve Fund Life Ass'n
New York Supreme Court
Motion to set aside final judgment, entered in favor of defendant upon an interlocutory judgment sustaining its demurrer to plaintiff’s complaint, and for a stáy of proceedings on and Under said interlocutory judgment until after the' determination of .an appeal from the same to .the Court-of Appeals.
1Opinion of the CourtHiscock, J.
In this action the defendant demurred to plaintiff’s complaint. Interlocutory judgment was entered upon the decision of the Special Term, overruling the demurrer with costs, and with leave to the defendant to answer.
Defendant appealed from such interlocutory judgment to the Appellate Division where a decision was rendered and order made “ that the interlocutory judgment and order so appealed from be, and the same are hereby reversed, with costs and demurrer sustained with costs, with leave to the plaintiff to amend his complaint upon payment of costs of the demurrer and of his appeal.”…
2Cited by2 opinions
- Ferguson v. BienCity of New York Municipal Court · 1907
- Ferguson v. BienNew York City Court · 1907