General

Melinda P. Schmidt, as Executrix, etc., of Bache McEvers Schmidt, Deceased, Appellant, v. Elise M. Jewett and Others, Impleaded with Fritz Leopold Schmidt, Jr., Respondent

113 A.D. 922·New York Supreme Court, Appellate Division·1906·NY

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Opinion

Melinda P. Schmidt, as Executrix, etc., of Bache McEvers Schmidt, Deceased, Appellant, v. Elise M. Jewett and Others, Impleaded with Fritz Leopold Schmidt, Jr., Respondent. [MAJORITY] Judgment reversed on the ground that the trial court had no right on the pleadings to give final judgment on overruling the' demurrer to the defenses, and an interlocutory judgment overruling the demurrer is directed, with costs to the appellant, the same to he settled before Mr. Justice Gaynor. Jenks, Hooker, Gaynor, Rich and Miller, JJ., concurred.