Papers On Appeal From Interlocutory Judgment Overruling Demurrer PDF Download

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...mherited all of the decedent's property. Second. That the appellant was on guard in the house of decedent and rejected offers of help from the relatives of decedent during the decedent's illness. Third. That the appellant well knew the decedent was incompetent and expressed her opinion in writing. It is not alleged First, that the decedent left real or personal property. Second, that the appellant is related in any way, near or remote, to the decedent (fols. 10-27). The appellant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action (fol. 28). The demurrer was overruled, the opinion being by Gildersleeve, J., who held: 1st. That the appellant was a proper defendant under the authority of subdivision 11, Section 2614 of the code (fol. 44). 2nd. That the appellant is a proper party defendant under the authority of Section 2732 of the Code. 3rd. That the complaint will be construed as alleging that the decedent died possessed of real and personal property under authority of Kain vs. LarJcin, 141 N. Y., 144 (fol. 46). With all of these conclusions of the learned Juslice the appellant respectfully takes issue. The order overruling the demurrer directed that the demurrer be overruled fmd that the plaintiff have judgment for the relief demanded in the complaint (fol. 34). A so-called interlocutory judgment was entered on this order which provided as follows: First. That the plaintiff have judgment against the defendant, Armida Emanuel, overruling the demurrer with costs. Second. That unless the defendant, Armida Emanuel paid the costsjand answered within twenty days, the plaintiff have final judgment against the defendant Armida Emanuel and the defendants herein not served as frayed for in...