Johnson v. Girdwood — 143 N.Y. 660

Majority

p. 660

Joseph W. Johnson, Respondent, v. James Girdwood, Appellant.^[1]

(Argued June 19, 1894;

decided October 9,1894.)

Headnote

Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made April 3, 1894, which reversed an order of Special Term sustaining a demurrer to the complaint, overruled the demurrer and directed that if defendant

p. 661

failed to answer and pay costs within twenty days of service of a copy of the interlocutory judgment upon him final judgment should be entered in favor of plaintiff.

James Durme for appellant.

Edward 8. Clinch for respondent.

Agree to affirm on opinion below, with leave to defendant to answer upon payment of costs.

All concur, except Andrews, Ch. J., not sitting.

Judgment affirmed.