INDEX. PAGE This action was commenced by service of the summons and complaint on July 13, 1915. Martha Cornwell, named as a defendant therein died in 1915, and this action was duly discontinued as against her by an order duly made and entered herein January 3, 1916. An interlocutory judg. 3 ment was duly entered January 5, 1916, sustaining defendants' demurrer to the complaint, and giving plaintiff leave to serve an amended complaint. An order was duly entered January 14, 1916, bringing in Eliza J. Boehme as an additional defendant, and she has appeared by Sackett & Lang, Esqs., as her attorneys herein. The notice of motion for the order appealed from was not addressed to, or served upon said defendant Boehme, or her said attorneys, and said defendant Boehme was not represented at the hearing of said motion. There has been no other change of parties or any change of attorneys herein. PLEASE TAKE NOTICE that the above named defendant Henry E. Cornwell hereby appeals to the Appellate Division of the Supreme Court, Second Department, from an order entered herein in the office of the Clerk of Nassau County, N. Y., on the 28th day of March, 1916, overruling the demurrer of the said defendant, Henry E. Cornwell, to the amended complaint herein. CHARLES L. GRIFFIN, 45 Cedar Street, New York. Clerk of Nassau County. DEWITT C. HAYES, Esq., Attorney for Plaintiff. YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. 9 Dated, July 10th, 1915. DEWITT C. HAYES, Attorney for Plaintiff, #44 Pine Street, New York City. |