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Whiting v. the Mayor, Etc., of New York

Court of Appeals of the State of New York
Jan 1, 1868
37 N.Y. 600 (N.Y. 1868)

Summary

In Whiting v. City of New York, 37 N.Y. 600, which was an appeal from the General Term of the Court of Common Pleas for the city and county of New York, where a judgment was entered in favor of the plaintiff, the demurrer to the complaint had been affirmed.

Summary of this case from Pollak v. Dodge Manufacturing Co.

Opinion

January Term, 1868


In this case the appellants had, in the court below, demurred to the complaint. The demurrer being overruled, with leave to answer, they declined to answer, submitted to the judgment, and, on the affirmance in the General Term, appealed to this court. On the argument here, the appellants urged that, if the judgment should be affirmed, leave should now be given to them to answer the complaint. The court are unanimous in holding, that,

Where a pleading is sustained, 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 comes 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.


Summaries of

Whiting v. the Mayor, Etc., of New York

Court of Appeals of the State of New York
Jan 1, 1868
37 N.Y. 600 (N.Y. 1868)

In Whiting v. City of New York, 37 N.Y. 600, which was an appeal from the General Term of the Court of Common Pleas for the city and county of New York, where a judgment was entered in favor of the plaintiff, the demurrer to the complaint had been affirmed.

Summary of this case from Pollak v. Dodge Manufacturing Co.
Case details for

Whiting v. the Mayor, Etc., of New York

Case Details

Full title:JAMES R. WHITING, Respondent, v . THE MAYOR, ETC., OF THE CITY OF NEW…

Court:Court of Appeals of the State of New York

Date published: Jan 1, 1868

Citations

37 N.Y. 600 (N.Y. 1868)

Citing Cases

White v. Jackson

But it was held that the judgment of the Court of Appeals overruling the demurrer was conclusive upon the…

Stamford Dock Realty Corp. v. Stamford

Manghue v. Reaney, 99 Conn. 662, 663, 122 A. 566. If, when a judgment is affirmed upon appeal, the case could…