Hawes v. Hawes

Appellate Terms of the Supreme Court of New York

Hawes v. Hawes

126 N.Y.S. 90, 2 N.Y. Civ. Proc. R., (N.S.) 372

Procedural entryThis page is a short order in Hawes v. Hawes. Read the opinion of the Court — 128 N.Y.S. 50 →

Appellate Terms of the Supreme Court of New York·Decided December 8, 1910·Published

Opinion

PER CURIAM.

Judgment was rendered upon the pleadings in this case, from which judgment the defendant appeals.

It has been held that the Municipal Court has power under section [91]*91547 of the Code to make such a disposition of a case. Maune v. Unity Press, 139 App. Div. 740, 124 N. Y. Supp. 504. Whether or not this judgment was warranted can only be determined from an examination of the complaint and answer, both of which the record states were verified and attached to the judgment roll. The answer, however, is missing from the return.

The record is therefore returned to the files of the court for correction. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Judgment was rendered upon the pleadings in this case, from which judgment the defendant appeals.

It has been held that the Municipal Court has power under section [91]*91547 of the Code to make such a disposition of a case. Maune v. Unity Press, 139 App. Div. 740, 124 N. Y. Supp. 504. Whether or not this judgment was warranted can only be determined from an examination of the complaint and answer, both of which the record states were verified and attached to the judgment roll. The answer, however, is missing from the return.

The record is therefore returned to the files of the court for correction. All concur.

Hawes v. Hawes, 126 N.Y.S. 90, 2 N.Y. Civ. Proc. R., (N.S.) 372 (N.Y. Ct. App. 1910).

Pincite

126 N.Y.S. 90 (Hawes v. Hawes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related