Lee v. Ainslie
New York Court of Common Pleas
Appeal from an order granting judgment upon a demurrer to a complaint, as frivolous. This action was brought by James Lee and Benjamin C. Lee, against James Ainslie and John J. Hicks. The complaint action was as follows:—■ Title of the Cause.
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Appeal from an order granting judgment upon a demurrer to a complaint, as frivolous. This action was brought by James Lee and Benjamin C. Lee, against James Ainslie and John J. Hicks. The complaint action was as follows:—■ Title of the Cause. The plaintiffs complaining against the above-named defendants show to this court that at the city of Hew York on July 3,1856, the above-named defendant, James Ainslie, made his promissory note in writing, whereby thirty days after date he promised to pay to the order of himself five hundred dollars for value received; that said defendant Ainslie endorsed…
1Opinion of the Court
By the Court.—Ingraham, F. J.
—This is an appeal from, an order granting judgment for the frivolousness of a demurrer.
It is objected that the judgment must first be entered before an appeal can be taken, but we have been in the practice of treating such appeals as properly taken from the order, and have held that we could review it as an order and not as a judgment. There have been various and conflicting decisions ón this point. I see no harm to arise from adhering to our former practice; and to the losing party the expense is less.
Whether or not the complaint is good, depends upon the answer…
2Cited by4 opinions
- Smith v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1907
- George v. DayThe Superior Court of New York City · 1864
- Martin v. Variety Manufacturing Co.New York Marine Court · 1881
- Powers v. Rome, Watertown & Ogdensburgh RailroadNew York Supreme Court · 1874