Rix v. New York Central & Hudson River Railroad

Supreme Court of New Jersey

Rix v. New York Central & Hudson River Railroad

51 A. 924, 67 N.J.L. 503, 38 Vroom 503, 1902 N.J. Sup. Ct. LEXIS 137

DecidedApril 1, 1902

StatusPublished

This text of 51 A. 924 (Rix v. New York Central & Hudson River Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rix v. New York Central & Hudson River Railroad, 51 A. 924, 67 N.J.L. 503, 38 Vroom 503, 1902 N.J. Sup. Ct. LEXIS 137 (N.J. 1902).

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Opinion

The opinion of the court was delivered by

Dixon, J.

To a declaration in tort the defendant, on

November 33d, 1901, filed a plea of the general issue. On December 13th, 1901, the plaintiffs procured from the clerk a transcript of the pleadings for trial in the Hudson Circuit, on which transcript a similiter was added to the defendant’s conclusion to the country. On January 10th, 1903, the defendant, without leave of the court, filed an additional plea, claiming the right to do so under section 135 of the Practice act, which authorizes a party to amend his pleadings, of course, at any time before a pleading in answer thereto has been filed.

Section 133 of the Practice act declares that, when a pleading concludes to the country, issue shall be considered as joined thereon, and a similiter, when necessary, may be added at any time. We think that, under this provision, when the clerk added the similiter upon the transcript which [504]*504was sent to the Circuit for trial, the pleading in answer to the plea of the general issue was filed, within the intent of section 135.

The filing of the paper styled “amended pleas” on January 10th, 1902, was therefore irregular, and the paper should be stricken from the files, with costs of motion to the plaintiff.

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The opinion of the court was delivered by

Dixon, J.

To a declaration in tort the defendant, on

November 33d, 1901, filed a plea of the general issue. On December 13th, 1901, the plaintiffs procured from the clerk a transcript of the pleadings for trial in the Hudson Circuit, on which transcript a similiter was added to the defendant’s conclusion to the country. On January 10th, 1903, the defendant, without leave of the court, filed an additional plea, claiming the right to do so under section 135 of the Practice act, which authorizes a party to amend his pleadings, of course, at any time before a pleading in answer thereto has been filed.

Section 133 of the Practice act declares that, when a pleading concludes to the country, issue shall be considered as joined thereon, and a similiter, when necessary, may be added at any time. We think that, under this provision, when the clerk added the similiter upon the transcript which [504]*504was sent to the Circuit for trial, the pleading in answer to the plea of the general issue was filed, within the intent of section 135.

The filing of the paper styled “amended pleas” on January 10th, 1902, was therefore irregular, and the paper should be stricken from the files, with costs of motion to the plaintiff.

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Bluebook (online)

51 A. 924, 67 N.J.L. 503, 38 Vroom 503, 1902 N.J. Sup. Ct. LEXIS 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rix-v-new-york-central-hudson-river-railroad-nj-1902.