Buschmann v. McDermott
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Mamie Hitsch McDermott, 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 'Tth day of June, 1912, granting the plaintiffs motion for judgment on the pleadings and appointing a referee to take proof.
1Opinion of the Court
McLaughlin, J.:
This' appeal is from an order granting plaintiff’s motion for judgment on the pleadings. The action is to partition certain real estate. All of the defendants defaulted in pleading except the appellant, who interposed an answer in which she admitted all of the allegations of the complaint and set up as an affirmative defense that all of the owners of the real estate in question had, prior to the commencement of the action, agreed, each with the other, in consideration of mutual covenants, that they, or either of them, would not at any time bring or prosecute an action" in…
2Cases cited6 opinions
- Williams v. . MontgomeryNew York Court of Appeals · 1896
- Martin v. MartinIllinois Supreme Court · 1897
- Eberts v. FisherMichigan Supreme Court · 1884
- Brown v. CoddingtonNew York Supreme Court · 1893
- Ogilby v. HickokAppellate Division of the Supreme Court of the State of New York · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Chew v. . SheldonNew York Court of Appeals · 1915
- Peterson v. DamoudeNebraska Supreme Court · 1915
- Andron v. FunkAppellate Division of the Supreme Court of the State of New York · 1920
- Smith v. SmithAppellate Division of the Supreme Court of the State of New York · 1925
- Herrington v. HerringtonAppellate Division of the Supreme Court of the State of New York · 1981
7 more not listed; retrieve them via the Exa API.