In Muldoon v. Blackwell (84 N.Y. 646) it was held that a claim that the answer contains a counterclaim, which was not replied to and, therefore, admitted, cannot be raised for the first time on appeal.
Summary of this case from Bulkley v. Kaolin Products Co., Inc.Submitted January 24, 1881
Decided February 8, 1881
W.T. Birdsall for appellants.
J.A. Shoudy for respondents.
EARL, J., reads for affirmance.
All concur.
Judgment affirmed.
In Muldoon v. Blackwell (84 N.Y. 646) it was held that a claim that the answer contains a counterclaim, which was not replied to and, therefore, admitted, cannot be raised for the first time on appeal.
Summary of this case from Bulkley v. Kaolin Products Co., Inc.Full title:JAMES MULDOON et al., Respondents, v . WILSON H. BLACKWELL, et al.…
Court:Court of Appeals of the State of New York
Date published: Feb 8, 1881
We are, therefore, to consider the issues as they were tried and determined by the referee with the consent…
Crompton v. SeaichAll that could properly be disposed of at Trial Term were the issues raised by the complaint and the defense…