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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.
Document Info
Citation Numbers: 6 Wend. 505
Judges: Sutherland
Filed Date: 12/23/1830
Precedential Status: Precedential
Modified Date: 10/19/2024