Patten v. Harris

New York Supreme Court

Patten v. Harris

10 Wend. 623

CourtNew York Supreme Court

DecidedFebruary 15, 1834

StatusPublished

Cited by8 cases

This text of 10 Wend. 623 (Patten v. Harris) 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

Patten v. Harris, 10 Wend. 623 (N.Y. Super. Ct. 1834).

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Opinion

By the Court,

Sutherland, J.

It is with great reluctance that we consent to give leave to the party in this case to plead anew; the demurrer may have been interposed in the hope of its proving successful, but it was not put in with the expectation of its deciding the cause upon the merits, and it cannot ' therefore well be said to have been put in in good faith; but there is an affidavit of merits, and unless the defendant be permitted to plead, the whole cause of action will stand confessed upon the record. Under these circumstances, the defendant is permitted to plead anew, on payment of costs.

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By the Court,

Sutherland, J.

It is with great reluctance that we consent to give leave to the party in this case to plead anew; the demurrer may have been interposed in the hope of its proving successful, but it was not put in with the expectation of its deciding the cause upon the merits, and it cannot ' therefore well be said to have been put in in good faith; but there is an affidavit of merits, and unless the defendant be permitted to plead, the whole cause of action will stand confessed upon the record. Under these circumstances, the defendant is permitted to plead anew, on payment of costs.

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Bluebook (online)

10 Wend. 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patten-v-harris-nysupct-1834.

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