Everett v. Usona Stamping Works

Appellate Terms of the Supreme Court of New York

Everett v. Usona Stamping Works

123 N.Y.S. 106

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 17, 1910

StatusPublished

This text of 123 N.Y.S. 106 (Everett v. Usona Stamping Works) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Everett v. Usona Stamping Works, 123 N.Y.S. 106 (N.Y. Ct. App. 1910).

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Opinion

BIJUR, J.

The interlocutory judgment provided that the defendant could answer, if he so elected, on March 28th, on paying costs. On that date defendant paid costs and answered, and also appealed from the interlocutory judgment. By answering he must be taken to have abandoned his demurrer, and, consequently, can take no further steps on it. Brown v. Saratoga R. R. Co., 18 N. Y. 495; Wheelock v. Lee, 74 N. Y. 495; Greenwood v. Brink, 1 Hun, 227.

This appeal, therefore, must be dismissed, with $10 costs, and the defendant remitted to a trial on the merits. All concur.

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BIJUR, J.

The interlocutory judgment provided that the defendant could answer, if he so elected, on March 28th, on paying costs. On that date defendant paid costs and answered, and also appealed from the interlocutory judgment. By answering he must be taken to have abandoned his demurrer, and, consequently, can take no further steps on it. Brown v. Saratoga R. R. Co., 18 N. Y. 495; Wheelock v. Lee, 74 N. Y. 495; Greenwood v. Brink, 1 Hun, 227.

This appeal, therefore, must be dismissed, with $10 costs, and the defendant remitted to a trial on the merits. All concur.

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123 N.Y.S. 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/everett-v-usona-stamping-works-nyappterm-1910.

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