U.S. Circuit Court for the District of Southern New York, 1901

Burger v. Tripler

Burger v. Tripler
U.S. Circuit Court for the District of Southern New York · Decided December 21, 1901 · Lacombe
113 F. 1022; 1901 U.S. App. LEXIS 4747
Burger v. Tripler

Opinion of the Court

LACOMBE, Circuit Judge.

The defendant was in default, and his demurrer improperly filed. He ’presents an excuse for his default, and prays that it may be opened. This application is granted, and he is given to and including December 27th to demur, plead, or answer; issue, however, to stand as of June rule day, and defendant to file stipulation to complete his proofs under any plea or answer which he may file within 90 days after complainants close their prima facie proofs.

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