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Calvin v. La Farge

6 Wend. 505 Court N.Y. Sup. Ct. Decision date 1830-12-23 English

Delivered by Sutherland, J.

Contents

Majority

p. 505
Calvin vs. La Farge & Spallsbury.

Headnote

The general provisions of the statute giving leave to a plaintiff to reply, and to a defendant to rejoin several matters, with leave of the court, are not applicable to the action of replevin.
The defendants in an action of replevin asked leave to reply double to the pleas put in by the plaintiff to the avowry of the defendant. It was objected that the general statute as to giving leave to reply double, did not apply to the action of replevin, the pleadings therein being specially regulated by statutory provisions.
C. Y. Lansing, for defendants.
J. Edwards, for plaintiff.

By the Court,

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.