Sperry v. Erie Ry. Co.

U.S. Circuit Court for the District of Southern New York

Sperry v. Erie Ry. Co.

22 F. Cas. 927, 6 Blatchf. 425, 1869 U.S. App. LEXIS 1357

CourtU.S. Circuit Court for the District of Southern New York

DecidedMay 31, 1869

StatusPublished

This text of 22 F. Cas. 927 (Sperry v. Erie Ry. Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sperry v. Erie Ry. Co., 22 F. Cas. 927, 6 Blatchf. 425, 1869 U.S. App. LEXIS 1357 (circtsdny 1869).

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Opinion

BLATCHFORD, District Judge.

The ground of this motion is, that the bill was filed under an agreement made between the plaintiffs and certain other parties, which is void for champerty. I do not think this is the proper mode of taking the objection. It ought to be raised formally, by answer, so that plenary proofs may be taken in regard to such an issue, and the right of review in regard to it be secured to both parties. If the motion were to be granted, the plaintiffs would be without remedy. The motion is denied.

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BLATCHFORD, District Judge.

The ground of this motion is, that the bill was filed under an agreement made between the plaintiffs and certain other parties, which is void for champerty. I do not think this is the proper mode of taking the objection. It ought to be raised formally, by answer, so that plenary proofs may be taken in regard to such an issue, and the right of review in regard to it be secured to both parties. If the motion were to be granted, the plaintiffs would be without remedy. The motion is denied.

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Bluebook (online)

22 F. Cas. 927, 6 Blatchf. 425, 1869 U.S. App. LEXIS 1357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sperry-v-erie-ry-co-circtsdny-1869.