Strong v. . Sproul
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas, for the city and county of New York,.affirming order of Special Term directing judgment for plaintiff upon three counts of the answer as frivolous. The answer contained six counts or defences. The order required defendants to make two of them more definite and certain, and directed judgment as aforesaid upon three. The other was held sufficient.
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Appeal from order of the General Term of the Court of Common Pleas, for the city and county of New York,.affirming order of Special Term directing judgment for plaintiff upon three counts of the answer as frivolous. The answer contained six counts or defences. The order required defendants to make two of them more definite and certain, and directed judgment as aforesaid upon three. The other was held sufficient. The order, so far as it. gives judgment on the third, fifth and sixth defences, was authorized. (Code, §§ 247,150; Hecker v. Mitehel, 5 Abb., 455.)
1Opinion of the CourtAllen, J.
The right to plead several pleas did not exist at common law, but was given by statute to enable a defendant to avoid duplicity in pleading, and at the same time set up several distinct matters in defence. (1 Chitty’s Pl., 560; 2 R. S., 352, § 9.) The Oode has substituted a single answer as a distinct pleading, with directions as to its contents, and permission to the defendant to set forth in separate statements as many defences as he may have, all the defences thus stated constituting the single answer allowed by the statute. (Code, §§ 149, 150.) The distinction between the answer as a…
2Cases cited2 opinions
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
- Briggs v. . BergenNew York Court of Appeals · 1861
3Cited by28 opinions
- Munger v. . ShannonNew York Court of Appeals · 1874
- Merritt v. GouleyNew York Supreme Court · 1890
- Brown v. LambOhio Court of Appeals · 1960
- Howe v. ElwellAppellate Division of the Supreme Court of the State of New York · 1901
- Hull, Lanier & Co. v. CarterSupreme Court of North Carolina · 1880
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