Legal Opinion
Damonte v. Higgins Industries, Inc.
District Court, E.D. Louisiana
Decided July 28, 1942No. 597PublishedCited by 4 opinions
1Opinion of the Court
CAILLOUET, District Judge.
Plaintiff’s motion for judgment on the pleadings, Rule 12(c) Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, is not well founded. Its purpose is plainly nothing else than to have the Court first pass upon the legal sufficiency of the answer’s thirteen defenses and one counterclaim, decree' the alleged insufficiency thereof, and then render judgment in plaintiff’s favor “on the pleadings” which, because of such decreed legal insufficiency of the answer would then presumably reveal a case fully made out on its merits.
In the first place, a motion…
2Cases cited8 opinions
- Beal v. Missouri Pacific R. Corp.Supreme Court of the United States · 1941
- Tatum v. Acadian Production CorporationDistrict Court, E.D. Louisiana · 1940
- Dysart v. Remington Rand, Inc.District Court, D. Connecticut · 1939
- Pearson v. Hershey Creamery Co.District Court, M.D. Pennsylvania · 1939
- Geist v. Prudential Ins. Co. of AmericaDistrict Court, E.D. Pennsylvania · 1940
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3Cited by4 opinions
- Montgomery Ward & Co. v. SchumacherDistrict Court, N.D. California · 1944
- Baucom v. FriendDistrict of Columbia Court of Appeals · 1947
- Sepúlveda Vda. de Ducheny v. CasanovaSupreme Court of Puerto Rico · 1951
- Sepúlveda v. CasanovaSupreme Court of Puerto Rico · 1951