Gould v. Evansville & Crawfordsville R. Co.
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Indiana. This was an action brought by the plaintiff in error against the defendant to recover the amount of a judgment rendered by the Supreme Court of the State of New York in favor of the plaintiff’s testator against the defendant corporation.
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Error to the Circuit Court of the United States for the District of Indiana. This was an action brought by the plaintiff in error against the defendant to recover the amount of a judgment rendered by the Supreme Court of the State of New York in favor of the plaintiff’s testator against the defendant corporation. The defendant pleaded in bar a judgment in its.favor on demurrer to the declaration, in a suit brought on the same cause-qf action in the Knox Circuit Court of Indiana. A demurrer to this plea was overruled: whereupon the plaintiff below replied, alleging material differences between…
1Opinion of the CourtJustice Cllpeoed
Special pleading is still allowed in certain jurisdictions; • and, if the plaintiff and defendant in such a forum elect to submit their controversy in that form of pleading, the losing party must be content to abide the consequences of his own election.'
Due service of process compels the defendant to appear, or to submit to a default; but, if he appears, he may, in most jurisdictions, elect- to plead or demur, subject to the condition, that; if he pleads to the declaration, the plaintiff may reply to his plea, or demur; and the rule is, in case of a demurrer by the defendant to the…
2Cases cited10 opinions
- Dillon v. BarnardSupreme Court of the United States · 1875
- Suydam v. WilliamsonSupreme Court of the United States · 1858
- Commander-In-ChiefSupreme Court of the United States · 1864
- Miller v. CovertNew York Supreme Court · 1828
- Roberts v. HeimSupreme Court of Alabama · 1855
5 more not listed; retrieve them via the Exa API.
3Cited by149 opinions
- Julius Nagler v. Admiral CorporationCourt of Appeals for the Second Circuit · 1957
- Wiggins Ferry Co. v. Ohio & Mississippi Railway Co.Supreme Court of the United States · 1892
- Northern Pacific Railway Co. v. SlaghtSupreme Court of the United States · 1907
- Prall v. PrallSupreme Court of Florida · 1909
- Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.New York Court of Appeals · 1921
144 more not listed; retrieve them via the Exa API.