Dedrick v. Port Jervis Light & Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeals by the plaintiffs in each case, Charles Aber Dedrick and another, Harry A. Quackenbush and another, and Samuel G-. McDonald, from orders of the County Court of Orange county, entered in the office of the clerk of said county on the 9th day of March, 1916, overruling defendant’s demurrers to the complaints in each case.
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Appeals by the plaintiffs in each case, Charles Aber Dedrick and another, Harry A. Quackenbush and another, and Samuel G-. McDonald, from orders of the County Court of Orange county, entered in the office of the clerk of said county on the 9th day of March, 1916, overruling defendant’s demurrers to the complaints in each case. On February fourteenth plaintiffs served a fourteen-day notice of trial of the issues of law in the three actions for the term of the County Court to be held on February twenty-eighth. Defendant on same day served a cross notice for the same time and place that the…
1Opinion of the Court
Putnam, J.:
Section 976 of the Code of Civil Procedure, as amended now, allows an issue of law to “be brought on and tried at any term of court as a contested motion.” The purpose of this appears in National Park Bank v. Billings (144 App. Div. *262536; affd., 203 N. Y. 556). Either side now has a right to notice the demurrer as a contested motion. For example, if a plaintiff saw fit to give a fourteen days’ notice for a Special Term for Trials, plainly he could not thereby deprive a defendant, even after such notice, from serving a notice of motion and anticipating such trial by bringing up…
2Cases cited5 opinions
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
- The National Park Bank of New York v. . BillingsNew York Court of Appeals · 1911
- Woodworth v. Brooklyn Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Shiffner v. BeckAppellate Division of the Supreme Court of the State of New York · 1913
- Armstrong v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by1 opinion
- Burgess v. LasbyMontana Supreme Court · 1933