Calvin v. La Farge

New York Supreme Court

Calvin v. La Farge

6 Wend. 505

New York Supreme Court·Decided December 23, 1830·Published·Cited by 2 cases

Opinion

By the Court,

Sutherland, J.

The general provisions in the Revised Statutes, 2 vol. p. 356, § 27, allowing a plaintiff to reply, and a defendant to rejoin several matters, &c. with leave of the court, are not applicable to the action of replevin. The legislature have enacted every thing in relation to that action in a distinct chapter, and the mode of pleading, &c. is particularly prescribed. 2 R. S. 521, 528, § 38 and 529, § 45. The motion therefore must be denied.

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By the Court,

Sutherland, J.

The general provisions in the Revised Statutes, 2 vol. p. 356, § 27, allowing a plaintiff to reply, and a defendant to rejoin several matters, &c. with leave of the court, are not applicable to the action of replevin. The legislature have enacted every thing in relation to that action in a distinct chapter, and the mode of pleading, &c. is particularly prescribed. 2 R. S. 521, 528, § 38 and 529, § 45. The motion therefore must be denied.

Calvin v. La Farge, 6 Wend. 505 (N.Y. Super. Ct. 1830).

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Opinion

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