Buller v. Sidell
U.S. Circuit Court for the District of Southern New York
At Law. Motion to strike out certain paragraphs of the answer as sham. The action was upon a judgment in favor of the plaintiff against the defendants, recovered in the United States circuit court for the district of Kansas.
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At Law. Motion to strike out certain paragraphs of the answer as sham. The action was upon a judgment in favor of the plaintiff against the defendants, recovered in the United States circuit court for the district of Kansas. By the third paragraph the defendants, in substance, averred that they were induced to enter a general appearance in the Kansas action by certain siipulations of the plaintiff touching the judgment which he would enter therein, which stipulations the plaintiff failed to keep, whereby the amount of the judgment was, as defendants claim, improperly increased. The precise…
1Opinion of the Court
Lacombe, J.,
(after stating the facts as above.) The first paragraph of the answer denies knowledge or information sufficient to form a belief as to the recovery of the judgment sued upon. Inasmuch as it appears by the defendants’ own papers that they entered a general appearance by attorney in the Kansas action, this paragraph must be stricken out as sham. Roblin v. Long, 60 How. Pr. 200; Beebe v. Marvin, 17 Abb. Pr. 194. The second paragraph of the answer merely denies indebted*117ness. It should also be stricken out. Mills v. Duryee, 7 Cranch, 481. Inasmuch as it is not disputed that the Kansas…
2Cases cited6 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Christmas v. RussellSupreme Court of the United States · 1866
- Bennett v. ButterworthSupreme Court of the United States · 1851
- Montejo v. OwenU.S. Circuit Court for the District of Southern New York · 1877
- Beebe v. MarvinThe Superior Court of New York City · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Peacock v. United StatesCourt of Appeals for the Ninth Circuit · 1903
- Boggs v. WannU.S. Circuit Court for the District of Northern Ohio · 1893
- Lloyd Sabaudo Societa Anonime Per Azioni v. EltingDistrict Court, S.D. New York · 1930
- Turner v. HamiltonU.S. Circuit Court for the District of Western Missouri · 1898