People v. New York City Central Under-Ground Railway Co.

New York Supreme Court

People v. New York City Central Under-Ground Railway Co.

15 N.Y.S. 225, 39 N.Y. St. Rep. 425, 60 Hun 583, 1891 N.Y. Misc. LEXIS 3169

DecidedJune 26, 1891

StatusPublished

This text of 15 N.Y.S. 225 (People v. New York City Central Under-Ground Railway Co.) 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

People v. New York City Central Under-Ground Railway Co., 15 N.Y.S. 225, 39 N.Y. St. Rep. 425, 60 Hun 583, 1891 N.Y. Misc. LEXIS 3169 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Van Brunt, P. J.

It seems to us that the answer to this motion is simple. If a judgment is entered which is not authorized by law, having reference to the prayer for relief in this action, the defendant appellant has its motion to set it aside, and is amply protected. If it is sought to sustain this motion upon the ground that no cause of action is alleged against the defendant appellant, then the remedy of such defendant is very simple, viz., to interpose a demurrer to the complaint, and have the issue of law tried in the usual way. The order appealed from should be aflirmed, with costs. All concur.

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Van Brunt, P. J.

It seems to us that the answer to this motion is simple. If a judgment is entered which is not authorized by law, having reference to the prayer for relief in this action, the defendant appellant has its motion to set it aside, and is amply protected. If it is sought to sustain this motion upon the ground that no cause of action is alleged against the defendant appellant, then the remedy of such defendant is very simple, viz., to interpose a demurrer to the complaint, and have the issue of law tried in the usual way. The order appealed from should be aflirmed, with costs. All concur.

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Bluebook (online)

15 N.Y.S. 225, 39 N.Y. St. Rep. 425, 60 Hun 583, 1891 N.Y. Misc. LEXIS 3169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-new-york-city-central-under-ground-railway-co-nysupct-1891.