Buller v. Sidell

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

Buller v. Sidell

43 F. 116, 1890 U.S. App. LEXIS 1621

U.S. Circuit Court for the District of Southern New York·Decided June 11, 1890·Published·Cited by 4 cases

Opinion

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[117]*117ness. It should also be stricken out. Mills v. Duryee, 7 Cranch, 481. Inasmuch as it is not disputed that the Kansas court had jurisdiction, and that the defendants had notice of the proceedings therein, the defense set up in the third paragraph of the answer is plainly an equitable one. Christmas v. Russell, 5 Wall. 290; Allison v. Chapman, 19 Fed. Rep. 488. Equitable defenses cannot, however, be set up in actions at law in the federal courts. Bennett v. Butterworth, 11 How. 669; Montejo v. Owen, 14 Blatchf. 324; Parsons v. Denis, 7 Fed. Rep. 317; Doe v. Roe, 31 Fed. Rep. 97. This paragraph must therefore be stricken out.

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

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[117]*117ness. It should also be stricken out. Mills v. Duryee, 7 Cranch, 481. Inasmuch as it is not disputed that the Kansas court had jurisdiction, and that the defendants had notice of the proceedings therein, the defense set up in the third paragraph of the answer is plainly an equitable one. Christmas v. Russell, 5 Wall. 290; Allison v. Chapman, 19 Fed. Rep. 488. Equitable defenses cannot, however, be set up in actions at law in the federal courts. Bennett v. Butterworth, 11 How. 669; Montejo v. Owen, 14 Blatchf. 324; Parsons v. Denis, 7 Fed. Rep. 317; Doe v. Roe, 31 Fed. Rep. 97. This paragraph must therefore be stricken out.

Buller v. Sidell, 43 F. 116, 1890 U.S. App. LEXIS 1621 (circtsdny 1890).

Pincite

43 F. 116 (Buller v. Sidell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related