Appellate Division of the Supreme Court of New York, 1911

Kurz v. Schraefel

Kurz v. Schraefel
Appellate Division of the Supreme Court of New York · Decided November 15, 1911
147 A.D. 911
Kurz v. Schraefel

Opinion of the Court

The defense of defect of parties not having been taken by answer or demurrer is not available upon the trial. (Wolverton v. Rogers, 123 App. Div. 45.) Judgment reversed and new trial granted, costs to abide the final award of costs. Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ., concurred.

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