Legal Opinion

Myers v. Rosenback

New York Court of Common Pleas

Decided March 15, 1894PublishedCited by 4 opinions

Actions by Frederick S. Myers against Moses 8. Bosenback. Defendant moves for leave to serve a supplemental answer.

1Opinion of the CourtGiegerich, J.

This action was removed from a district court to this court. The defendant now seeks, by a supplemental answer, to set- up an additional defense. The counsel for the plaintiff contends, substantially, that the district court had no power, before the removal of the action, to allow a supplemental answer, and that, consequently, this court has no power to grant the same. On the removal of a cause from a district court to this court, it continues to be, in effect, an action in a district court, subject to the incidents of such an action, including the right of amendment of the pleadings…

2Cases cited2 opinions

  1. Van Slyke v. . HyattNew York Court of Appeals · 1871
  2. Walker v. ScottNew York Court of Common Pleas · 1893

3Cited by4 opinions

  1. Myers v. RosenbackNew York Court of Common Pleas · 1894
  2. McKesson v. Russian Co.New York Supreme Court · 1899
  3. Oakes v. HighNew York Court of Common Pleas · 1895
  4. Zacharias v. FrenchNew York Court of Common Pleas · 1894

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