People v. Bleecker Street & Fulton Ferry Railroad

The hearing of a demurrer to the complaint of the plaintiff was brought on before me as “ a contested motion,” and after my decision overruling the demurrer formal findings and interlocutory judgment have been submitted to me by the successful party in conformity with the decision. Section 976 of the Code of Civil Procedure provides that “ an issue of law may be brought and tried as a contested motion.” This provision evidently was intended to simplify the practice heretofore prevailing in the first and second judicial districts necessitating the noticing such issue for trial and placing it…