Sheppy v. Stevens
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Northern District of New York; George W. Ray, Judge. Action by John V. Sheppy against Ezra H. Stevens. From a judgment sustaining a demurrer to one of two causes of action alleged in plaintiff’s complaint, but overruling it as to the second, and permitting defendant to withdraw it and answer, plaintiff brings error prior to determination of the issues raised by the answer on the second cause of action.
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In Error to the Circuit Court of the United States for the Northern District of New York; George W. Ray, Judge. Action by John V. Sheppy against Ezra H. Stevens. From a judgment sustaining a demurrer to one of two causes of action alleged in plaintiff’s complaint, but overruling it as to the second, and permitting defendant to withdraw it and answer, plaintiff brings error prior to determination of the issues raised by the answer on the second cause of action. The plaintiff brought an action at law upon a complaint stating two causes of action. The defendant demurred to both causes. The…
1Opinion of the CourtNoyes, Circuit Judge
(after stating the facts as above). It is fundamental that no writ of error lies unless the whole matter in the record be determined. A case cannot be brought up piecemeal. This was regarded as settled law as long ago as Metcalf’s Case, 6 Coke, *94768,. decided in the reign of King James I, where an earlier decision was thus approved:
“In by the lord of S. against one for taking bis cattle; as to parcel. tbe defendant pleaded not guilty; and as to tbe oilier, be pleaded another plea, upon which the plaintiff demurred, and afterwards tbe issue was found for tbe plaintiff, upon which he had judgment;…
2Cases cited12 opinions
- Forgay v. ConradSupreme Court of the United States · 1848
- McLish v. RoffSupreme Court of the United States · 1891
- Ex Parte National Enameling and Stamping CompanySupreme Court of the United States · 1906
- Luxton v. North River Bridge Co.Supreme Court of the United States · 1893
- Hill v. Chicago & Evanston RailroadSupreme Court of the United States · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956
- Dyer v. MacDougallCourt of Appeals for the Second Circuit · 1952
- Collins v. Metro-Goldwyn Pictures CorporationCourt of Appeals for the Second Circuit · 1939
- Bendix Aviation Corp. v. GlassCourt of Appeals for the Third Circuit · 1952
- Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
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