33 F. 795 (S.D.N.Y. 1888), Campbell v. City of New York

Citation:33 F. 795
Party Name:CAMPBELL v. MAYOR, ETC., OF NEW YORK.
Case Date:February 15, 1888
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 795

33 F. 795 (S.D.N.Y. 1888)

CAMPBELL

v.

MAYOR, ETC., OF NEW YORK.

United States Circuit Court, S.D. New York.

February 15, 1888

Harvey D. Hadlock, for plaintiff.

George Bliss and Marcus P. Norton, for defendants filing pleas.

Page 796

WHEELER, J.

A bill, called a 'supplemental bill,' appears to have been filed in this cause by a party other than the orator, against the orator and others. To that bill some of the defendants filed pleas, and some a demurrer. The demurrer appears to be set down for argument at the next term. The pleas do not appear to be set down for argument at all, or traversed. When the cause was reached on the calendar it was taken on briefs to be submitted as to one plea, in the absence of counsel for the orator in the supplemental bill, at the request of counsel for the party filing the plea. Since then it is made to appear that leave had been obtained to withdraw the pleas, and that notice had been given by the counsel who obtained the leave that the pleas were withdrawn. The pleas, or some of them, may have been renewed, or...

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