Wehle v. Koch

Superior Court of New York

Wehle v. Koch

19 N.Y.S. 189

CourtThe Superior Court of the City of New York and Buffalo

DecidedApril 11, 1892

StatusPublished

This text of 19 N.Y.S. 189 (Wehle v. Koch) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wehle v. Koch, 19 N.Y.S. 189 (superctny 1892).

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Opinion

Dugro, J.

Of these appeals one is by the defendant from an order sustaining plaintiff’s demurrer to part of the answer, and from the judgment entered thereon. The others °are by the plaintiff from an order striking out his amended complaint, and from a judgment dismissing the complaint. The plaintiff’s appeals are decided against him upon the opinion of the learned judge who dismissed the complaint. It follows that the order sustaining the demurrer, and the judgment thereon, must be reversed, for on a demurrer to an answer the defendant may show that on the face of the record plaintiff is not entitled to final judgment. Parsons v. Hayes, 50 N. Y. Super. Ct. R. 29; Genet v. Kissam, 53 N. Y. Super. Ct. R. 42. All concur.

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Dugro, J.

Of these appeals one is by the defendant from an order sustaining plaintiff’s demurrer to part of the answer, and from the judgment entered thereon. The others °are by the plaintiff from an order striking out his amended complaint, and from a judgment dismissing the complaint. The plaintiff’s appeals are decided against him upon the opinion of the learned judge who dismissed the complaint. It follows that the order sustaining the demurrer, and the judgment thereon, must be reversed, for on a demurrer to an answer the defendant may show that on the face of the record plaintiff is not entitled to final judgment. Parsons v. Hayes, 50 N. Y. Super. Ct. R. 29; Genet v. Kissam, 53 N. Y. Super. Ct. R. 42. All concur.

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Bluebook (online)

19 N.Y.S. 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wehle-v-koch-superctny-1892.