Oakley's executors v. Romeyn's heirs & devisees

New York Supreme Court

Oakley's executors v. Romeyn's heirs & devisees

6 Wend. 521

DecidedFebruary 17, 1831

StatusPublished

This text of 6 Wend. 521 (Oakley's executors v. Romeyn's heirs & devisees) 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

Oakley's executors v. Romeyn's heirs & devisees, 6 Wend. 521 (N.Y. Super. Ct. 1831).

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Opinion

By the Court,

Sutherland, J.

The construction given to the statute, 4 Ann, ch. 16, § 4, enacted here, 1 R. L. 519, § 10, permitting a defendant, with the leave of the court, to plead as many several matters as be shall think necessary for his defence has been, that it did not extend to any other pleading than "a plea. By the Revised Statutes, vol. 1, 856, § 27, a plaintiff may reply, and a defendant may rejoin double, but beyond the statute, the parties cannot go. The motion is denied.

P. A. Jay, for plaintiffs.

Romeyn <?* Van Burén, for defendants.

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By the Court,

Sutherland, J.

The construction given to the statute, 4 Ann, ch. 16, § 4, enacted here, 1 R. L. 519, § 10, permitting a defendant, with the leave of the court, to plead as many several matters as be shall think necessary for his defence has been, that it did not extend to any other pleading than "a plea. By the Revised Statutes, vol. 1, 856, § 27, a plaintiff may reply, and a defendant may rejoin double, but beyond the statute, the parties cannot go. The motion is denied.

P. A. Jay, for plaintiffs.

Romeyn <?* Van Burén, for defendants.

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Bluebook (online)

6 Wend. 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oakleys-executors-v-romeyns-heirs-devisees-nysupct-1831.