Fasnacht v. Stehn
New York Supreme Court
Appeal from an order and judgment. This action was "brought on a judgment recovered by the plaintiffs against the defendant, in the sixth district court of New Orleans, Louisiana, on the 19th December, 1863, for $4,230.10, with interest and costs of suit; which recovery was by way of counter-claim, or, as it is styled in the civil code of Lousiana, of “ demand in reconvention” ; the recovery being in favor of the defendants in that action (the plaintiffs in this), and…
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Appeal from an order and judgment. This action was "brought on a judgment recovered by the plaintiffs against the defendant, in the sixth district court of New Orleans, Louisiana, on the 19th December, 1863, for $4,230.10, with interest and costs of suit; which recovery was by way of counter-claim, or, as it is styled in the civil code of Lousiana, of “ demand in reconvention” ; the recovery being in favor of the defendants in that action (the plaintiffs in this), and against the defendant in this action, who was the plaintiff in that. The complaint averred the recovery and judgment, in due…
1Opinion of the Court
By the Court.—Sutherland, J.
—In my opinion both the order and judgment appealed from should be reversed, but without costs.
*343The action was brought on a Louisiana judgment. The answer of the defendant purported to set up three distinct and separate defenses.
The learned judge at chambers, on motion of the plaintiffs, struck out the whole of the answer, setting up, or undertaking to set up, the second and third defenses, as “redundant and irrelevant matter,” leaving the'first defense to remain, and then treating that defense as equivalent or amounting to the plea of nul Mel record, pro: ceeded at…
2Cases cited1 opinion
- Trotter & Douglass v. MillsNew York Supreme Court · 1831
3Cited by7 opinions
- Stroock Plush Co. v. TalcottAppellate Division of the Supreme Court of the State of New York · 1908
- Durst v. Brooklyn Heights RailroadNew York Supreme Court · 1900
- Zivi v. EinsteinNew York Court of Common Pleas · 1893
- Hall v. United States Casualty Co.New York Supreme Court · 1925
- Goodman v. RobbNew York Supreme Court · 1886
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