Kern v. Caledonian Insurance
Appellate Terms of the Supreme Court of New York
Appeal by plaintiff from an order of the Municipal Court of the city of New York, borough of Manhattan, seventh district.
1Opinion of the CourtDelehanty, J.
The plaintiff appeals from an order
of the Municipal Court requiring him to file a reply to several defenses set up in the defendant’s answer. The appeal raises the simple question whether a justice of the Municipal Court has power to make such an order. If he has such power, the appeal must be dismissed as there is no authority for appealing from such an order. Mun. Ct. Code, § 154. If he has no such power then an appeal will lie (Mun. Ct. Code, § 154, subd. 8), and the order must be reversed.
Section 78, Municipal Court Code, contains the general provision applicable to the practice in the…
2Cases cited2 opinions
- Mitchell v. SchroederAppellate Terms of the Supreme Court of New York · 1916
- Conklin v. FieldNew York County Court, Suffolk County · 1869