Monarch Mining Co. v. Laughlin

Appellate Terms of the Supreme Court of New York

Monarch Mining Co. v. Laughlin

146 N.Y.S. 1068

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 14, 1914

StatusPublished

Cited by2 cases

This text of 146 N.Y.S. 1068 (Monarch Mining Co. v. Laughlin) 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

Monarch Mining Co. v. Laughlin, 146 N.Y.S. 1068 (N.Y. Ct. App. 1914).

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Opinion

BIJUR, J.

This action was brought against a surety on an undertaking on appeal from the Municipal Court to this court. As the complaint does not allege compliance with section 1309 of the Code of Civil Procedure, the judgment on the pleadings should have been for the defendant, instead of the plaintiff.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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BIJUR, J.

This action was brought against a surety on an undertaking on appeal from the Municipal Court to this court. As the complaint does not allege compliance with section 1309 of the Code of Civil Procedure, the judgment on the pleadings should have been for the defendant, instead of the plaintiff.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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Bluebook (online)

146 N.Y.S. 1068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monarch-mining-co-v-laughlin-nyappterm-1914.

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