Campbell v. Friedlander — 61 N.Y. St. Rep. 349

Majority

p. 349

Samuel J. Campbell, Resp't, v. Albert Friedlander et al., App’lts.

(Supreme Court, General Term, Second Department,

Filed June 18, 1894.)

Headnote

Pleadings—Demurrer—Frivolous.

A demurrer is not frivolous if 'it presents questions which, fairly admit debate.

Appeal from an order overruling a demurrer to the complaint, as frivolous.

Charles S. Simpkins, for app’lts; Spiegelberg & Wise, for resp’t.

—We think that the demurrer of the defendant presented questions which fairly admitted debate, and hence it was not frivolous. The order appealed from should be reversed, with $10 costs and disbursements. All concur.