Boston Belting Co. v. Judson

U.S. Circuit Court for the District of Southern New York

Boston Belting Co. v. Judson

3 F. Cas. 943, 1852 U.S. App. LEXIS 300

CourtU.S. Circuit Court for the District of Southern New York

DecidedJuly 1, 1852

StatusPublished

This text of 3 F. Cas. 943 (Boston Belting Co. v. Judson) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boston Belting Co. v. Judson, 3 F. Cas. 943, 1852 U.S. App. LEXIS 300 (circtsdny 1852).

Pincite

Opinion

Demurrer to declaration. This action was commenced in a state court against the defendants, a foreign corporation, and was by them removed to this court. The complaint filed in the state court was brought up with the case, and was served by the attorney of the plaintiff on the attorney of the defendants in this court. A general and special demurrer was put in to it. The court decided: (1) That the pleadings of the plaintiff here must conform to the rules and practice of this court. (2) If this be a prosecution on the equity side of the court, the complaint is insufficient and bad. in not being drawn con-formably to the rules of the supreme court of the United States governing the practice here. (3) If it be intended as a prosecution at law, the complaint is bad in form and substance, as a declaration. (4) Query, whether this court has jurisdiction in this case, the defendants being a substantial party and a corporation within another state? Judgment for the demurrant, with leave to the plaintiff to file a bill in equity, or declaration at law, as he may be advised.

Free access — add to your briefcase to read the full text and ask questions with AI

Demurrer to declaration. This action was commenced in a state court against the defendants, a foreign corporation, and was by them removed to this court. The complaint filed in the state court was brought up with the case, and was served by the attorney of the plaintiff on the attorney of the defendants in this court. A general and special demurrer was put in to it. The court decided: (1) That the pleadings of the plaintiff here must conform to the rules and practice of this court. (2) If this be a prosecution on the equity side of the court, the complaint is insufficient and bad. in not being drawn con-formably to the rules of the supreme court of the United States governing the practice here. (3) If it be intended as a prosecution at law, the complaint is bad in form and substance, as a declaration. (4) Query, whether this court has jurisdiction in this case, the defendants being a substantial party and a corporation within another state? Judgment for the demurrant, with leave to the plaintiff to file a bill in equity, or declaration at law, as he may be advised.

Cite This Page — Counsel Stack

Bluebook (online)

3 F. Cas. 943, 1852 U.S. App. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boston-belting-co-v-judson-circtsdny-1852.