¶1said: If there were any rule of equity pleading, by which a defendant is precluded from availing himself of matters arising between the filing of the bill and the answer, by way of avoidance or defence, there might be some ground for these exceptions. But there is not; and it certainly cannot be said that the matters set up are foreign to the case.
2 Edw. Ch. 110
Lyon v. Brooks
Decided September 15, 1833
New York Court of Chancery · decided 1833-09-15
The bill was filed by one partner against another, praying an account and payment pursuant to the conditions of an award to which they had both submitted. The defendant had put in his answer; but several exceptions for impertinence were taken to it; and the matter of these exceptions now came before the Court upon exception to the master’s report.
Good law ✅— No negative treatment on recordhow we know
Decided 1833-09-15
How this case has been cited
Cited by 5 later decisions — most recently May 1945
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →