Moody v. Libbey

New York Supreme Court

Moody v. Libbey

1 Abb. N. Cas. 154

DecidedJuly 1, 1876

StatusPublished

This text of 1 Abb. N. Cas. 154 (Moody v. Libbey) 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

Moody v. Libbey, 1 Abb. N. Cas. 154 (N.Y. Super. Ct. 1876).

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Opinion

Lawrence, J.

[After remarking that plaintiff had submitted no brief.]—I have come to the conclusion to deny the motion. Many of the matters sought to be stricken out by the plaintiff are good by way of justification, and those which are not, are good by way of mitigation, and as bearing upon the question of malice (Jeffras v. McKillop & Sprague Co., 2 Hun, 351; Bush v. Prosser, 11 N. Y. 347; Bisbey v. Shaw, 12 Id. 67; Steinman v. Clark, 10 Abb. Pr. 132).

Motion denied with $10 costs.

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Lawrence, J.

[After remarking that plaintiff had submitted no brief.]—I have come to the conclusion to deny the motion. Many of the matters sought to be stricken out by the plaintiff are good by way of justification, and those which are not, are good by way of mitigation, and as bearing upon the question of malice (Jeffras v. McKillop & Sprague Co., 2 Hun, 351; Bush v. Prosser, 11 N. Y. 347; Bisbey v. Shaw, 12 Id. 67; Steinman v. Clark, 10 Abb. Pr. 132).

Motion denied with $10 costs.

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1 Abb. N. Cas. 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moody-v-libbey-nysupct-1876.

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