Davis v. Bingham
This text of 32 Misc. 777 (Davis v. Bingham) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The oral pleadings in the Municipal Court upon the removal of the action to this court became the pleadings in this court. The order of this court simply required that the oral pleadings should be reduced to writing. This required the parties to do just what the order read. The issues made and pleadings could not be changed, except by this court; therefore, the defendants should have answered here, as they did in the Municipal Court, and should not have demurred. The complaint should have been also conformed to the oral pleading in the Municipal Court. If otherwise, objection should have been made by defendants by answer and not by demurrer.
Order sustained, with costs.
Present: Fitzsimons, Ch. J., and Hascall, J.
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Cite This Page — Counsel Stack
32 Misc. 777, 66 N.Y.S. 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-bingham-nynyccityct-1900.