Havana City Railway Co. v. Ceballos
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by the Havana City Railway Company and another against Juan M. Geballos and others. From an order denying motion of Eugene Sweeney, one of the defendants, for judgment on the pleadings, he appeals.
1Opinion of the CourtIngraham, J.
As we have sustained the demurrer to the complaint in this action interposed by one of the other defendants, decided March 9, 1900, it does not appear that this defendant appellant would be entitled to judgment against his co-defendants to enforce a cause of action alleged in a complaint, a demurrer to which has been sustained. We do not think, however, that under any circumstances this defendant appellant would be entitled to a judgment against his co-defendants because of their failure to reply to the demand for *423affirmative relief set up in Ms answer. The answer of the defendant Sweeney,…
2Cited by1 opinion
- Hillenberg v. BendickAppellate Division of the Supreme Court of the State of New York · 1914