United States v. Leverich

Brown, D. J.

The plaintiff demurred to now matter in the answer which did not constitute a counter-claim, but was set up as a defence to the action. This is authorized by section 494 of the New York Code of Procedure. After argument the demurrer was overruled. The defendant thereupon prepared an order for signature, overruling the demurrer and ordering judgment for the defendant, with costs. On inspecting the order on file, it appears that the judge struck out the words “ordering judgment for the defendant on the demurrer,” leaving simply the words “overruling the demurrer.” The defendant…