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Tuthill v. Goss

96 N.Y. Sup. Ct. 609 Court N.Y. Gen. Term English

Judges Brown, P. J., and Dykman, J., concurred.

Delivered by Pratt, J.:

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Majority

p. 609
Benjamin Tuthill, Appellant, v. Mary R. Goss and Another, Respondents.

Headnote

Judgment affirmed, with costs, with leave to defendant to answer in twenty days on payment of costs.—

The opinion at Special Term covers the question so fully that further discussion is unnecessary. The statements m the 8th subdivision of the defendant’s pleading are appropriate for an answer but out of place in a demurrer. They were, therefore, properly disregarded at Special Term as not being properly before the court. The judgment must be affirmed, with costs, with leave to answer on payment of costs.

Brown, P. J., and Dykman, J., concurred.