Legal Opinion
Ream v. Callahan
District Court, E.D. New York
Decided January 13, 1942No. 1697PublishedCited by 1 opinion
1Opinion of the Court
CAMPBELL, District Judge.
This case comes before this court on two motions.
1. Motion made on behalf of the plaintiff to strike out the first defense set forth in the answer on the ground that it is insüfficient. The defense in question alleges: “1. That the complaint fails to state a claim against the defendant upon which relief can be granted.”
2. A counter-motion made on behalf of the defendant for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, dismissing the action because the complaint fails to state a claim upon which…
2Cases cited7 opinions
- Martin v. PeytonNew York Court of Appeals · 1927
- Beasley v. BerryMontana Supreme Court · 1906
- Evans v. WarnerAppellate Division of the Supreme Court of the State of New York · 1897
- National Cash Register Co. v. Remington A. Co., Inc.New York Court of Appeals · 1926
- Rockart v. City of Mount VernonNew York Supreme Court · 1931
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Geupel v. BensonDistrict Court, D. Massachusetts · 1989