Whiting v. City of New York

New York Court of Appeals

Whiting v. City of New York

37 N.Y. 698

DecidedJanuary 15, 1868

StatusPublished

This text of 37 N.Y. 698 (Whiting v. City of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whiting v. City of New York, 37 N.Y. 698 (N.Y. 1868).

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Opinion

Per Curiam.

(The judgment having been ordered to be affirmed, upon the pleadings.²)—Where a pleading is [699]*699sustained, the demurrer being overruled, and leave is given to answer the pleading, the demurrant is put to his election to answer over, or submit to judgment, and if he submit to judgment, the judgment is final. If he appeal therefrom to this court, such appeal co'mes here on the question of affirmance or reversal only; and no leave to the demurrant to answer or plead anew can be given. The judgment here is absolutely final.

Judgment affirmed.

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Per Curiam.

(The judgment having been ordered to be affirmed, upon the pleadings.²)—Where a pleading is [699]*699sustained, the demurrer being overruled, and leave is given to answer the pleading, the demurrant is put to his election to answer over, or submit to judgment, and if he submit to judgment, the judgment is final. If he appeal therefrom to this court, such appeal co'mes here on the question of affirmance or reversal only; and no leave to the demurrant to answer or plead anew can be given. The judgment here is absolutely final.

Judgment affirmed.

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Bluebook (online)

37 N.Y. 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whiting-v-city-of-new-york-ny-1868.

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