Hyperlawhypertext legal database Dean v. Allen 56 N.Y.S. 1106

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Dean v. Allen

56 N.Y.S. 1106 Court N.Y. App. Div. Decision date 1899-02-03 English

Contents

Majority

p. 1106
DEAN, Appellant, v. ALLEN, Respondent.
(Supreme Court, Appellate Fourth Department.
February 3, 1899.)

Headnote

Action by William G. Dean against Charles P. Allen, impleaded, etc.

The words “final judgment” are 'stricken from the decision, the order, and the judgment, and the judgment is sustained as an interlocutory judgment; and. the plaintiff has leave to amend his complaint within 20 days by striking therefrom the name of Charles W. Wagstaff, on payment of the costs of the demurrer, with leave to the defendant to answer within 20 days from the service of the amended complaint, and as so modified affirmed, without costs.