Majority
p. 282Bennett J. King, App’lt, v. Abraham Liebeskind, Resp’t. (New York Superior Court, General Term, Filed March 4, 1890.)
Headnote
Pleading—Frivolous demurrer.An appellate court will not reverse an order denying motion for judgment on a demurrer as frivolous when the pleadings are not brought before it.
p. 283
Appeal from an order denying a motion of the plaintiff for an order that the plaintiff have judgment against the defendant on the demurrer as frivolous,' and for the relief demanded in the complaint.
Like appeals in three other actions were heard at the same time.
Charles II. Smith, for app’lt; • Franklin Bien, for resp’t.
The pleadings are not before us, and for that reason there is nothing to show that the judge at special term erred in denying plaintiff’s motion for judgment on the demurrer as frivolous, and for the relief demanded in the complaint.
Order affirmed, with costs and disbursements.
Sedgwick, Ch. J., Truax and Dugro, JJ., concur.