¶1—Judgment affirmed, with costs, but without prejudice to another action upon the same claim if plaintiff is so advised. Held, the plaintiff, having consented to an adjournment, was not entitled to judgment as of course, although his complaint was verified, without making proof of his cause of action, an answer having thereafter been filed containing a general denial. All concurred.
173 A.D. 998
Barber v. Stauch
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1916
Appellate Division of the Supreme Court of the State of New York · decided 1916-05-15
Decided 1916-05-15