Robinson v. Fisher

3 Cai. Cas. 99, 1 Cole. & Cai. Cas. 452
CourtNew York Supreme Court
DecidedMay 15, 1805
StatusPublished
Cited by1 cases

This text of 3 Cai. Cas. 99 (Robinson v. Fisher) 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
Robinson v. Fisher, 3 Cai. Cas. 99, 1 Cole. & Cai. Cas. 452 (N.Y. Super. Ct. 1805).

Opinion

Per curiam, delivered by

Livingston J.

This is a dilatory P^ea’ L'-le definition of which is, that it only delays the suit by questioning the propriety of the remedy, rather than by denying ^1<3 'njury. Thus the injury complained of here, is not denied, but that it was committed with another. If it be a plea of this description, it wants the verification required by statute, and is therefore bad. Even as a plea in bar, I should not be for countenancing it, for it is totally out of the usual form of general issue which it was intended to try, and which would have answered as well, and furnished a record in the common form.

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Related

New York & Charleston Steam-Ship Co. v. Harbison
16 F. 688 (U.S. Circuit Court for the District of Connecticut, 1883)

Cite This Page — Counsel Stack

Bluebook (online)
3 Cai. Cas. 99, 1 Cole. & Cai. Cas. 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-fisher-nysupct-1805.