Public-domain · open source
OpenJurist

32 Misc. 777

Davis v. Bingham

City of New York Municipal Court

Decided October 15, 1900

City of New York Municipal Court · decided 1900-10-15

<p>Appeal from an order of the City Court of the city of New York.</p>

Decided 1900-10-15

Per Curiam.

¶1The oral pleadings in the Municipal Court upon the removal of the action to this court became the pleadings in this court. The order of this court simply required that the oral pleadings should be reduced to writing. This required the parties to do just what the order read. The issues made and pleadings could not be changed, except by this court; therefore, the defendants should have answered here, as they did in the Municipal Court, and should not have demurred. The complaint should have been also conformed to the oral pleading in the Municipal Court. If otherwise, objection should have been made by defendants by answer and not by demurrer.

¶2Order sustained, with costs.

¶3Present: Fitzsimons, Ch. J., and Hascall, J.

¶4Order sustained, with costs.

/32/misc/777 · .json · Public domain