City of Buffalo v. Scranton

New York Supreme Court

City of Buffalo v. Scranton

20 Wend. 676

CourtNew York Supreme Court

DecidedDecember 15, 1839

StatusPublished

Cited by2 cases

This text of 20 Wend. 676 (City of Buffalo v. Scranton) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Buffalo v. Scranton, 20 Wend. 676 (N.Y. Super. Ct. 1839).

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Opinion

By the Court, Bronson, J.

The plaintiff’s attorney was not bound to accept the amended pleas without the affidavit required by the 23d rule. But he waived that objection by retaining the pleas. They should have been returned, or the defendants should in some other way have been informed that the pleas would not be regarded as sufficient without the necessary affidavit. The motion must be granted, but without costs, for the reason that the defendant’s papers are unnecessarily stuffed with the pleadings in the cause.

Motion granted.

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By the Court, Bronson, J.

The plaintiff’s attorney was not bound to accept the amended pleas without the affidavit required by the 23d rule. But he waived that objection by retaining the pleas. They should have been returned, or the defendants should in some other way have been informed that the pleas would not be regarded as sufficient without the necessary affidavit. The motion must be granted, but without costs, for the reason that the defendant’s papers are unnecessarily stuffed with the pleadings in the cause.

Motion granted.

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Bluebook (online)

20 Wend. 676, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-buffalo-v-scranton-nysupct-1839.

Opinion

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