Mayhew v. Robinson
New York Supreme Court
Appeal by defendant from judgment rendered upon the report and decision of a referee. The action was against Robinson as survivor of himself and Parsons, to recover the price of propeity sold and delivered to Robinson and Parsons.
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Appeal by defendant from judgment rendered upon the report and decision of a referee. The action was against Robinson as survivor of himself and Parsons, to recover the price of propeity sold and delivered to Robinson and Parsons. The defendant answered : 1. Denying each and every allegation in the complaint; 2. Alleging that the sale and delivery of the cast-iron wheels, mentioned in the complaint, were made to the defendant and Parsons, jointly with one Benjamin H. Fletcher, still living at Lockfort, in the county of Niagara, and not to the defendant and Parsons, as alleged in the…
1Opinion of the Court
By the court—Marvin, P. J.
In Gardiner agt. Clark, (6 How. Pr. R. 449,) it was held that the distinction between pleas in abatement and pleas in bar is not abolished by the Code, and that an objection in the nature of a plea in abatement can not be taken in a general answer, and is waived by an answer upon the merits. That the Code has not attempted to regulate the *164order and effect of pleadings by the defendant, and, as I understand the opinion, matter in abatement must now, as formerly, be pleaded, and the question thus raised be disposed of before any defence upon the merits is pleaded. This…
2Cited by4 opinions
- Bell v. BrownCalifornia Supreme Court · 1863
- Groton Bridge & Manufacturing Co. v. American Bridge Co.U.S. Circuit Court for the District of Northern New York · 1905
- Frazier v. GibsonNew York Supreme Court · 1878
- Perkins v. IngersollU.S. Circuit Court for the District of Kansas · 1871