Muller v. City of Philadelphia
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant Katherine E. Whelen from an order of the Supreme Court, made at the Kew Fork Special Term and entered in the office of the clerk of the c.ounty of Kew York on the 8tli day of May, 1906, denying said defendant’s motion to compel the defendant Thomas W. Evans Museum and Institute Society to accept service of her answer herein.
1Opinion of the Court
Houghton, J.:
The appellant is one of the numerous defendants in this action. The answers of various defendants to the plaintiffs’ complaint had been served, not including, however, that of appellant, and the cause noticed for trial and placed upon the calendar. Various adjournments were “taken from time to time, and the trial was finally set down for May 7, 1906. On the sixteenth of April, twenty-one days prior to the day so set for the trial of the action, the appellant served upon her codefendant, this respondent, her answer to the complaint. This answer was returned on the ground that it…
2Cited by2 opinions
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- Belden v. BrownNew York Supreme Court · 1912