Roberts v. Kelly

The Superior Court of New York City

Roberts v. Kelly

2 Hall 307

CourtThe Superior Court of New York City

DecidedAugust 15, 1829

StatusPublished

Cited by1 cases

This text of 2 Hall 307 (Roberts v. Kelly) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roberts v. Kelly, 2 Hall 307 (N.Y. Super. Ct. 1829).

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Opinion

The Court gave judgment for the plaintiff on the demurrer, upon the ground that the rejoinder was a departure from the plea. They held also, that the replication was defective for duplicity, but that this defect, being one of form merely, could not be noticed except upon a special" demurrer,—as the rule, that the court will give judgment against the first defect in pleading, applies to defects is substance only.

[E. Paine, Att’y for the plff. R. S. Church, Att’y for the deft.]

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The Court gave judgment for the plaintiff on the demurrer, upon the ground that the rejoinder was a departure from the plea. They held also, that the replication was defective for duplicity, but that this defect, being one of form merely, could not be noticed except upon a special" demurrer,—as the rule, that the court will give judgment against the first defect in pleading, applies to defects is substance only.

[E. Paine, Att’y for the plff. R. S. Church, Att’y for the deft.]

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Bluebook (online)

2 Hall 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-kelly-nysuperctnyc-1829.

Opinion

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