Bailey Washing Machine Co. v. Young
U.S. Circuit Court for the District of Southern New York
[In equity. Bill by the Bailey Washing Machine Company against John Young, James Young, and John E. Young. Heard on motion to strike defendants’ answer from the files.
1Opinion of the Court
WOODRUFF, Circuit Judge.
In this case an answer has been put in in the names of the three defendants, and as their joint and several answer, but such answer is signed and sworn to by James Young and John E. Young only. This was irregular. The complainant might, if so advised, have accepted the answer, and replied to it, and thereby have waived the irregularity. Freelands v. Royall, 2 Hen. & M. 575. But this was not done. The complainant moves to take the answer off the files, and for such other relief as may be proper, and, on the motion for such other relief, counsel ask an order that the…
2Cases cited5 opinions
- Fulton Bank v. BeachNew York Court of Chancery · 1830
- Fulton Bank v. BeachCourt for the Trial of Impeachments and Correction of Errors · 1830
- Rogers v. CrugerNew York Supreme Court · 1808
- Denison v. BassfordNew York Court of Chancery · 1839
- New-York Chemical Co. v. FlowersNew York Court of Chancery · 1837