Burger v. Tripler

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

Burger v. Tripler

113 F. 1022, 1901 U.S. App. LEXIS 4747

U.S. Circuit Court for the District of Southern New York·Decided December 21, 1901·Published

Opinion

LACOMBE, Circuit Judge.

The defendant was in default, and his demurrer improperly filed. He ’presents an excuse for his default, and prays that it may be opened. This application is granted, and he is given to and including December 27th to demur, plead, or answer; issue, however, to stand as of June rule day, and defendant to file stipulation to complete his proofs under any plea or answer which he may file within 90 days after complainants close their prima facie proofs.

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LACOMBE, Circuit Judge.

The defendant was in default, and his demurrer improperly filed. He ’presents an excuse for his default, and prays that it may be opened. This application is granted, and he is given to and including December 27th to demur, plead, or answer; issue, however, to stand as of June rule day, and defendant to file stipulation to complete his proofs under any plea or answer which he may file within 90 days after complainants close their prima facie proofs.

Burger v. Tripler, 113 F. 1022, 1901 U.S. App. LEXIS 4747 (circtsdny 1901).

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