Smith v. Buffalo Times, Inc.

Hinkley, J.:

This is an eleventh-hour motion by defendant for judgment upon the pleadings. The case is at issue, and against the protest of defendant was set down for trial for March 2, 1925. Owing to the illness of defendant’s attorney, new counsel was retained who procured this order to show cause on February 28, 1925, returnable at two p. m. on said March 2, 1925. The counsel for defendant addresses his motion to the insufficiency in law of the plaintiff’s complaint and not to the combined complaint and answer. There is ample authority for this form of motion, even though it extends the…