Hyperlawhypertext legal database Taylor v. Metropolitan Elevated Railway Co. 52 N.Y. Super. Ct. 562

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Taylor v. Metropolitan Elevated Railway Co.

52 N.Y. Super. Ct. 562 20 Jones & S. 562 Court N.Y. Super. Ct. Decision date 1885-06-19 English

Delivered by “ Truax, J.

Contents

Majority

p. 562
C. Fayette Taylor, et al., respondents, v. The Metropolitan Elevated Railway Company, et al., appellants.
Decided June 19, 1885.

Headnote

Appeal from an interlocutory judgment overruling demurrers to the supplemental complaint herein, and from the order overruling the de-
murrers (see same case, ante, p. 299).
Davies & Rapallo,
p. 563
for appellants.
Win. W. Badger, for respondents.
Before Sedgwick, Ch. J., and Truax, J.

The plaintiffs were allowed by' order to serve a supplemental complaint in addition to their former pleading, and therefore the supplemental and original complaint must be considered as one pleading. The defendants answered the original complaint and demurred to the supplemental complaint. The defendants had the right to answer or to demur to it. Having availed themselves of this right, they cannot at the same time demur to it. Judgment and order appealed from are affirmed, with costs, with leave to the defendants to withdraw demurrers, and to answer on payment of costs within twenty days after service of the order herein.” Sedgwick, Ch. J., concurred.