Holyoke v. Adams
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term denying a motion on behalf of defendants for leave to make a supplemental answer setting up their discharge in bankruptcy. (Reported below, 1 Hun, 223 ; 2 N. Y. S. C. [T. & C.], 1,) This action was commenced in 1869. The defendants being non-residents, an attachment was issued therein and levied upon sufficient property of defendants.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term denying a motion on behalf of defendants for leave to make a supplemental answer setting up their discharge in bankruptcy. (Reported below, 1 Hun, 223 ; 2 N. Y. S. C. [T. & C.], 1,) This action was commenced in 1869. The defendants being non-residents, an attachment was issued therein and levied upon sufficient property of defendants. This was released by their giving an undertaking with sureties. Defendants appeared and answered, and the issues were referred. During…
1Opinion of the CourtFolger, J.
The Code of Procedure (§ 177) provides for a supplemental answer, alleging material facts which have occurred after the former answer. The result of the decisions in the Supreme Court, and in the other courts which have passed upon the question, is that this section is a substitute for the former practice, in actions at law of a plea puis darrien, and in actions in equity of a supplemental answer (Bate v. Fellowes, 4 Bosw., 638 ; Hoyt v. Sheldon, 4 Abb., 59 ; Slauson v. Englehart, 34 Barb., 198; Brown v. Richards, 4 Robt., 603; Garner v. Hannah, 6 Duer, 262), but with *236this distinction, that…
2Cases cited8 opinions
- Carpenter v. TurrellMassachusetts Supreme Judicial Court · 1868
- Medbury v. . SwanNew York Court of Appeals · 1871
- Cornell v. . DakinNew York Court of Appeals · 1868
- Monroe v. . UptonNew York Court of Appeals · 1872
- Garner v. HannahThe Superior Court of New York City · 1857
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3Cited by1 opinion
- Swift v. SwiftAppellate Division of the Supreme Court of the State of New York · 1896