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177 F. 608

Scott v. Lazell

New York Southern District Court

Decided January 28, 1910.)

New York Southern District Court · decided 1910-01-28

<p>Equity (§ 300*) — Pleading—Defenses to Supplemental Bill.</p> <p>Defenses which 'have been considered on an original bill cannot be again set up by the same defendants in an answer to a supplementary bill.</p> <p>[Ed. Note. — -For other cases, see Equity, Cent. Dig. § 592-; Dee. Dig. § 300.*]</p>

2 counsel of record

Relies on Scott v. Lazell

Exceptions sustained · Decided 1910-01-28

¶1Equity (§ 300*) — Pleading—Defenses to Supplemental Bill.

¶2Defenses which 'have been considered on an original bill cannot be again set up by the same defendants in an answer to a supplementary bill.

¶3[Ed. Note. — -For other cases, see Equity, Cent. Dig. § 592-; Dee. Dig. § 300.*]

¶4In Equity. Suit by Charles H. Scott against Bessie Lazell, Agnes B. Cronin, the Grommet Manufacturing Company, and Isaac Marks. On exceptions to answer to supplementary bill.

¶5Exceptions sustained.

¶6See, also, 170 Red. 1023.

¶7MacDonald & MacDonald, for complainant.

¶8Grafton L. McGill, for defendants.

¶10HAZEL, District Judge.

¶11The exceptions filed by complainant to the answer interposed to the supplementary bill are allowed. The objectionable matter in paragraphs 8, 9, and 10 of the answer must be expunged. Defendants apparently have had their day in court (Scott v. Dazell, 160 Fed. 472, 87 C. C. A. 456) on the various defenses to which exceptions are filed.

¶12As to whether the defendant Marks and the corporation were privies to the former judgment are questions of fact, which are not now before the court for decision.

¶13So ordered.

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