Weiland v. Forgotston

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1899

Appellate Division of the Supreme Court of the State of New York · decided 1899-10-15

Judgment affirmed, with costs, with leave to the defendant to withdraw demurrer and answer in twenty days, on payment of costs in this court and in the court below.—Appeal from an interlocutory judgment overruling a demurrer to the complaint.

Decided 1899-10-15

Patterson, J.:

¶1For the reasons stated in the opinion in the case of Weiland v. Forgotston, decided herewith (ante, p. 54), the interlocutory judgment must be affirmed, with costs, but with permission to the demurring defendant, on the payment of costs in this court and in the court below, to withdraw the demurrer and answer within twenty days from the entry of the order of affirmance to be made hereon. Van Brunt, P. J., Rumsey and O’Brien, JJ., concurred.