New York Supreme Court, 1830

Calvin v. La Farge

Calvin v. La Farge
New York Supreme Court · Decided December 23, 1830 · Sutherland
6 Wend. 505

Counsel

C. Y. Lansing, for defendants., J. Edwards, for plaintiff.

Calvin v. La Farge

Opinion of the Court

By the Court,

Sutherland, J.

The general provisions in the Revised Statutes, 2 vol. p. 356, § 27, allowing a plaintiff to reply, and a defendant to rejoin several matters, &c. with leave of the court, are not applicable to the action of replevin. The legislature have enacted every thing in relation to that action in a distinct chapter, and the mode of pleading, &c. is particularly prescribed. 2 R. S. 521, 528, § 38 and 529, § 45. The motion therefore must be denied.

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