De Carrillo v. Carrillo

New York Supreme Court

De Carrillo v. Carrillo

2 Silv. Sup. 11, 25 N.Y. St. Rep. 425

DecidedJuly 6, 1889

StatusPublished

This text of 2 Silv. Sup. 11 (De Carrillo v. Carrillo) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Carrillo v. Carrillo, 2 Silv. Sup. 11, 25 N.Y. St. Rep. 425 (N.Y. Super. Ct. 1889).

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Opinion

Daniels, J.

The answer of the defendant in this action was served on the 17th of November, 1888, and the notice of motion to make the complaint more definite and certain was not given until the latter part of January, 1889. This entitled the plaintiff to a denial of the motion, for, by rule 22 of the general rules of practice, a motion of this description is required to be made before the service of a demurrer or an answer. The order, accordingly, should be affirmed, with ten dollars costs and also the disbursements.

Van Brunt, Ch. J., and Barrett, J., concur.

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Daniels, J.

The answer of the defendant in this action was served on the 17th of November, 1888, and the notice of motion to make the complaint more definite and certain was not given until the latter part of January, 1889. This entitled the plaintiff to a denial of the motion, for, by rule 22 of the general rules of practice, a motion of this description is required to be made before the service of a demurrer or an answer. The order, accordingly, should be affirmed, with ten dollars costs and also the disbursements.

Van Brunt, Ch. J., and Barrett, J., concur.

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Bluebook (online)

2 Silv. Sup. 11, 25 N.Y. St. Rep. 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-carrillo-v-carrillo-nysupct-1889.