Victor Talking Mach. Co. v. Hoschke

S.D. New York

Victor Talking Mach. Co. v. Hoschke

169 F. 894, 1909 U.S. App. LEXIS 5490

DecidedFebruary 9, 1909

StatusPublished

This text of 169 F. 894 (Victor Talking Mach. Co. v. Hoschke) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Victor Talking Mach. Co. v. Hoschke, 169 F. 894, 1909 U.S. App. LEXIS 5490 (S.D.N.Y. 1909).

Pincite

Opinion

LACOMBE, Circuit Judge.

No good reason is shown why the grounds of demurrer now sought to be interposed could not have been set up in the.first demurrer. A second demurrer will unneces[895]*895sarily delay the trial. Defendant will be allowed to, set up the objections now presented in the answer, «and the decree pro coniesso will be vacated, so as to allow him to serve such answer within 20 days.

Orders proper to effect this disposition of the cross-motions may be submitted on notice.

Free access — add to your briefcase to read the full text and ask questions with AI

LACOMBE, Circuit Judge.

No good reason is shown why the grounds of demurrer now sought to be interposed could not have been set up in the.first demurrer. A second demurrer will unneces[895]*895sarily delay the trial. Defendant will be allowed to, set up the objections now presented in the answer, «and the decree pro coniesso will be vacated, so as to allow him to serve such answer within 20 days.

Orders proper to effect this disposition of the cross-motions may be submitted on notice.

Cite This Page — Counsel Stack

Bluebook (online)

169 F. 894, 1909 U.S. App. LEXIS 5490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/victor-talking-mach-co-v-hoschke-nysd-1909.