Lakens v. Fielden

New York Court of Chancery

Lakens v. Fielden

5 Sarat. Ch. Sent. 10

DecidedMay 26, 1845

StatusPublished

This text of 5 Sarat. Ch. Sent. 10 (Lakens v. Fielden) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lakens v. Fielden, 5 Sarat. Ch. Sent. 10 (N.Y. 1845).

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Opinion

Decided in this ease, that under an order for a common dedimus, to take the answer of the defendant, it is jrregUiar for the commissioners to return a demurrer instead of an answer. But that the defendant may move the court for a commission to take his plea, aftswer or demurrer, and .file ‘ court will grant it, with the restriction not to demur alone; and then the commissioners may receive a plea, or an answer and demurrer, because they have special authority to do so.

Order appealed from reversed, and motion denied. Costs to abide the event of the suit.

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Decided in this ease, that under an order for a common dedimus, to take the answer of the defendant, it is jrregUiar for the commissioners to return a demurrer instead of an answer. But that the defendant may move the court for a commission to take his plea, aftswer or demurrer, and .file ‘ court will grant it, with the restriction not to demur alone; and then the commissioners may receive a plea, or an answer and demurrer, because they have special authority to do so.

Order appealed from reversed, and motion denied. Costs to abide the event of the suit.

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Bluebook (online)

5 Sarat. Ch. Sent. 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lakens-v-fielden-nychanct-1845.