Columbus, Hocking Valley & Toledo Railroad v. Ellis
New York Supreme Court
At chambers. Action by the Columbus, Hocking Valley & Toledo Railroad Company against John W. Ellis, Charles Lauier, Edward Winslow, Daniel B..
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At chambers. Action by the Columbus, Hocking Valley & Toledo Railroad Company against John W. Ellis, Charles Lauier, Edward Winslow, Daniel B.. Safford, and Edward D. Adams.- One of the defendants alleged in his answer that theretofore plaintiff sued defendant and others in the state of Ohio on the same cause of action as that involved in the present action, and that the complaint in the Ohio action was dismissed on the merits, which was a final adjudication of the matter involved. Said defendant now moves that plaintiff be compelled to reply to the new matter set up in the answer. This…
1Opinion of the CourtAndrews, J.
I am of the opinion that, upon the merits, the defendant Ellis ought to have the relief which he seeks to obtain through this motion, and, as an original question, I should have been of the opinion that it would have been a proper exercise of the discretion given to the court, by section 516 of the Code of Civil Procedure, to grant the application. The precise question involved in this motion has, however, been recently considered by the general term of this department, and that court has reached a contrary conclusion. In the case of Scofield v. Demorest, 7 N. Y. Supp. 832, a motion was made…
2Cases cited1 opinion
- Scofield v. DemorestNew York Supreme Court · 1889