Wright v. The Intrepid

E.D. New York

Wright v. The Intrepid

42 F. 185, 1890 U.S. Dist. LEXIS 135

CourtDistrict Court, E.D. New York

DecidedMarch 26, 1890

StatusPublished

Cited by2 cases

This text of 42 F. 185 (Wright v. The Intrepid) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wright v. The Intrepid, 42 F. 185, 1890 U.S. Dist. LEXIS 135 (E.D.N.Y. 1890).

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Opinion

BuNedict, J.

When exceptions to an answer are drawn in the manner adopted in this case, it seems proper to hold the failure to sustain any specification to bo fatal to tho exception to which such specification is attached. As it is plain that to each of the exceptions a specification has been attached that cannot be upheld, the result follows that all the exceptions must be overruled. Furthermore, if, as contended by the [188]*188claimant, the exceptions' number 38 instead of 8, the fact that 38 exceptions are taken to an answer in a simple collision case, which seems to have been drawn with fullness and care, taken in connection with the character of most of the exceptions, gives to the proceeding the character of a cross-examination. Exceptions to pleadings in collision cases are permitted only when made in good faith, for the sole purpose of obtaining the full statement of facts which the law requires. Exceptions overruled.

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BuNedict, J.

When exceptions to an answer are drawn in the manner adopted in this case, it seems proper to hold the failure to sustain any specification to bo fatal to tho exception to which such specification is attached. As it is plain that to each of the exceptions a specification has been attached that cannot be upheld, the result follows that all the exceptions must be overruled. Furthermore, if, as contended by the [188]*188claimant, the exceptions' number 38 instead of 8, the fact that 38 exceptions are taken to an answer in a simple collision case, which seems to have been drawn with fullness and care, taken in connection with the character of most of the exceptions, gives to the proceeding the character of a cross-examination. Exceptions to pleadings in collision cases are permitted only when made in good faith, for the sole purpose of obtaining the full statement of facts which the law requires. Exceptions overruled.

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Bluebook (online)

42 F. 185, 1890 U.S. Dist. LEXIS 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-the-intrepid-nyed-1890.

Opinion

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