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Lamb v. Kelsey

Court of Appeals of the State of New York
Jun 1, 1873
54 N.Y. 645 (N.Y. 1873)
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Summary

In Kelsey v. Lamb, 21 Ill. 559, the Supreme Court of Illinois said: "If the defendant has filed his plea, and the other party fails to reply within the time required by the rules of the court, he has a right to judgment by default against the plaintiff, but until he obtains such default, the pleas cannot be considered as confessed by the plaintiff.

Summary of this case from Keator Lumber Co. v. Thompson
See 2 Summaries

Opinion

Argued March 10, 1873

Decided June term, 1873

S.M. Jackson for the appellant.

Isaac Lawson for the respondent.

REYNOLDS, C., reads for reversal.

All concur.

Judgment reversed.

Summaries of

Lamb v. Kelsey

Court of Appeals of the State of New York
Jun 1, 1873
54 N.Y. 645 (N.Y. 1873)

In Kelsey v. Lamb, 21 Ill. 559, the Supreme Court of Illinois said: "If the defendant has filed his plea, and the other party fails to reply within the time required by the rules of the court, he has a right to judgment by default against the plaintiff, but until he obtains such default, the pleas cannot be considered as confessed by the plaintiff.

Summary of this case from Keator Lumber Co. v. Thompson

In Lamb v. Kelsey, 54 N.Y. 645, which was an action to recover damages for alleged fraud and deceit, it was held, "That plaintiff was not entitled to recover without showing that defendant knew or had reason to believe his statements false; that as no evidence was given that would support such a finding, it could not be assumed."

Summary of this case from IDE v. GRAHAM
Case details for

Lamb v. Kelsey

Case Details

Full title:PATRICK W. LAMB, Respondent. v . NATHAN KELSEY, Appellant

Court:Court of Appeals of the State of New York

Date published: Jun 1, 1873

Citations

54 N.Y. 645 (N.Y. 1873)

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