Ennis v. Hosford

New York City Court

Ennis v. Hosford

2 N.Y.S. 649, 1888 N.Y. Misc. LEXIS 714

DecidedNovember 27, 1888

StatusPublished

This text of 2 N.Y.S. 649 (Ennis v. Hosford) is published on Counsel Stack Legal Research, covering New York City Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ennis v. Hosford, 2 N.Y.S. 649, 1888 N.Y. Misc. LEXIS 714 (N.Y. Super. Ct. 1888).

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Opinion

Per Curiam.

The court below had the power to grant the order appealed from, and it was proper so to do, unless the reply of the plaintiff to the counter-claim in question is to be treated as a nullity. We do not see how this can be done. If the defendants desired to have the same made more definite, they should have made a motion for that purpose. The denial, as it stands, applies to all that is contained in the counter-claim as pleaded. It is true that it is very loosely drawn, but the remedy was by motion to have it put in proper form. Order appealed from affirmed, with $10 costs.

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Per Curiam.

The court below had the power to grant the order appealed from, and it was proper so to do, unless the reply of the plaintiff to the counter-claim in question is to be treated as a nullity. We do not see how this can be done. If the defendants desired to have the same made more definite, they should have made a motion for that purpose. The denial, as it stands, applies to all that is contained in the counter-claim as pleaded. It is true that it is very loosely drawn, but the remedy was by motion to have it put in proper form. Order appealed from affirmed, with $10 costs.

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Bluebook (online)

2 N.Y.S. 649, 1888 N.Y. Misc. LEXIS 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ennis-v-hosford-nycityct-1888.