Tuthill v. Goss

New York Supreme Court

Tuthill v. Goss

35 N.Y.S. 136, 96 N.Y. Sup. Ct. 609

New York Supreme Court·Decided July 26, 1895·Published·Cited by 1 cases

Opinion

PRATT, J.

The opinion at special term covers the questions so fully that further discussion is unnecessary. The statements in the eighth subdivision of the defendant’s pleading are appropriate for an answer, but out of place in a demurrer. They were therefore properly disregarded at special term, as not being properly before the court. The judgment must be affirmed, with costs, with leave to answer on payment of costs. All concur.

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

PRATT, J.

The opinion at special term covers the questions so fully that further discussion is unnecessary. The statements in the eighth subdivision of the defendant’s pleading are appropriate for an answer, but out of place in a demurrer. They were therefore properly disregarded at special term, as not being properly before the court. The judgment must be affirmed, with costs, with leave to answer on payment of costs. All concur.

Tuthill v. Goss, 35 N.Y.S. 136, 96 N.Y. Sup. Ct. 609 (N.Y. Super. Ct. 1895).

Pincite

35 N.Y.S. 136 (Tuthill v. Goss) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related