Young v. Southern Pac. Co.

The phrase, “issue joined,” in Rule 4 of the Local Equity Rules of the Southern District of New York does not, I think, include a motion to dismiss the bill made under Equity Rule 29. The local rule was drawn after the Equity Rules were in force, and as Equity Rule 31 enacts that “the cause shall be deemed at issue upon the filing of the answer,” “issue joined” in the local rule must refer to the “issue” so defined.

Perhaps the other basis of the majority opinion is enough to dispose of the case; that is, that the defendant got an affirmance by this court of its right to remove, and an…