Asphalt Construction Co. v. Bouker (127 A.D. 730, 1908)

Laughlin, J.:

The decision, which was the basis' of the interlocutory judgment, was- made on the trial of an issue of law arising upon the plaintiff’s demurrer to a separate defense interposed in the joint answer of the appellants. The court overruled the demurrer, with costs, but no provision was inserted in the decision or in the interlocutory judgment granting leave to plaintiff to withdraw the demurrer as an admission of the facts to which it was interposed. N