Waters v. Curtis
New York Court of Common Pleas
Appeal from an order of the General Term of the City Court of New York reversing an order of that court striking out part of an answer as irrelevant and redundant. The facts are stated in the opinion.
1Opinion of the CourtVan Hoesen, J.
This appeal must be dismissed. The order appealed from did not affect a substantial right, nor did it involve the merits. The only question was whether a certain denial was in due form. The General Term of the City Court decided that it was, reversing the decision of the Special Term, which held that the denial was insufficient. All that the General Term decided was that the denial was sufficient to put in issue certain allegations of the complaint. It is obvious that the decision merely affected a mode of procedure, and did not deprive the plaintiff of any substantial right, or touch the…
2Cases cited2 opinions
- Whitney v. . TownsendNew York Court of Appeals · 1876
- Tabor v. GardnerNew York Court of Appeals · 1869
3Cited by2 opinions
- Weiss v. MorrellNew York Court of Common Pleas · 1894
- Gregory v. FichtnerNew York Court of Common Pleas · 1891