Jay's Case

New York Supreme Court

Jay's Case

6 Abb. Pr. 293

CourtNew York Supreme Court

DecidedMarch 15, 1858

StatusPublished

Cited by1 cases

This text of 6 Abb. Pr. 293 (Jay's Case) 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

Jay's Case, 6 Abb. Pr. 293 (N.Y. Super. Ct. 1858).

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Opinion

Davies, J.

(after disposing of the first objection on the authority of Hubbell v. Dana (9 How. Pr. R., 424), as having been waived in this case).—As to the second objection, the defendant can avail himself of it in the most ample manner, by .an answer to the suit already commenced. Another suit, to set it up affirmatively, cannot be necessary. If true, it furnishes a complete and perfect defence to the action, and should properly •be availed of as such there.

The order to show cause is therefore discharged, and the petition for a stay of proceedings in that suit denied, without costs.

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Davies, J.

(after disposing of the first objection on the authority of Hubbell v. Dana (9 How. Pr. R., 424), as having been waived in this case).—As to the second objection, the defendant can avail himself of it in the most ample manner, by .an answer to the suit already commenced. Another suit, to set it up affirmatively, cannot be necessary. If true, it furnishes a complete and perfect defence to the action, and should properly •be availed of as such there.

The order to show cause is therefore discharged, and the petition for a stay of proceedings in that suit denied, without costs.

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Bluebook (online)

6 Abb. Pr. 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jays-case-nysupct-1858.

Opinion

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