Quimby v. Hart

New York Supreme Court

Quimby v. Hart

15 Johns. 304

DecidedAugust 15, 1818

StatusPublished

This text of 15 Johns. 304 (Quimby v. Hart) 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

Quimby v. Hart, 15 Johns. 304 (N.Y. Super. Ct. 1818).

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Opinion

Per Curiam.

The only question is, whether the plea of title was tendered in due season, to suspend ,the jurisdiction of the justice. We think it was too late after pleading the general issue, demanding a jury, and obtaining an adjournment. The defendant must make his election to interpose his plea of title, before any other plea. It would be inconvenient and irregular to allow a different practice.

Judgment reversed.

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Per Curiam.

The only question is, whether the plea of title was tendered in due season, to suspend ,the jurisdiction of the justice. We think it was too late after pleading the general issue, demanding a jury, and obtaining an adjournment. The defendant must make his election to interpose his plea of title, before any other plea. It would be inconvenient and irregular to allow a different practice.

Judgment reversed.

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Bluebook (online)

15 Johns. 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quimby-v-hart-nysupct-1818.