Hanes v. Johns
District Court, W.D. New York
1Opinion of the Court
KNIGHT, District Judge.
This is a motion to compel the defendants to accept service of plaintiff’s reply to-defendants’ counterclaim. On December 14, 1931, a motion was argued before this court on an application for an order striking out so much of the counterclaim set up in defendants’ answer wherein the defendants asked for affirmative equitable relief, “on the-ground that said,prayer for relief demands-affirmative equitable relief to which the defendants are not entitled by law, and for-such other and further relief as may be just.” Such motion was denied and a copy of the-order entered…
2Cases cited3 opinions
- Rothenberg v. MetzgerAppellate Division of the Supreme Court of the State of New York · 1929
- 255 Fifth Ave. Corp. v. FreemanNew York Supreme Court · 1923
- In re RyanAppellate Division of the Supreme Court of the State of New York · 1926