Hyperlawhypertext legal database Kaiser v. Independent Accumulating Fund & Building 52 N.Y. Super. Ct. 557

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Kaiser v. Independent Accumulating Fund & Building

52 N.Y. Super. Ct. 557 20 Jones & S. 557 Court N.Y. Super. Ct. Decision date 1885-12-23 English

Contents

Majority

p. 557
ADAM KAISER, Appellant, v. THE INDEPENDENT ACCUMULATING FUND & BUILDING, &c., Impleaded, &c., Respondent.

Headnote

Appeal from interlocutory judgment entered on order sustaining demurrer, said order not being appealed from.
Before Sedgwick, Ch. J., and Truax, J.
Decided December 23, 1885.
Appeal from an interlocutory judgment, entered upon an order made at a special term, sustaining a demurrer to plaintiff’s amended complaint. No appeal has been taken rom the order sustaining the demurrer.
p. 558
Benno Loewy, for appellant.
Henry F. IAppold, for respondent.

The judgment appealed from conforms to the order sustaining the demurrer, and which directs that the judgment appealed from should be entered. The judgment , should be sustained until this order is reversed, but no appeal has been taken from the order. No leave to amend can be given on this appeal, if it were proper to give it after the plaintiff has had a former opportunity to amend, as he saw fit.

Judgment affirmed, with costs.