H. Mueller Manufacturing Co. v. Wenger

190 A.D. 947 Court N.Y. App. Div. Docket Appeal No. 1 English

Contents

Majority

p. 947

H. Mueller Mfg. Company, Limited, Respondent, v. Paul Wenger, Appellant.

(Appeal No. 1.)

Headnote

As appears from the record, this motion was made upon the summons and complaint. According to section 547, Code of Civil Procedure, such a motion can be made only after issue joined. The

p. 948

motion in this ease was premature. Order affirmed, with ten dollars costs and disbursements.

Jenks, P. J., Putnam, Blaekmar, Kelly and Jayeox, JJ.,

concur.