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9 How. Pr. 288

Lansingh v. Parker

New York Supreme Court

Decided May 15, 1854

New York Supreme Court · decided 1854-05-15

Motion to strike out answers as being inconsistent with each other, or .that defendants elect which they will retain. The complaint was for an assault and battery. The answers were, 1st. A general denial. 2d. That plaintiff committed the first assault, &c. 3d. That he was in defendants’ inn, making a great noise, &c., and defendants requested him to leave and he refusing, they gently laid their hands on him to remove him, &c.

Good law ✅— No negative treatment on recordhow we know

Decided 1854-05-15

How this case has been cited

Cited by 4 later decisions — most recently March 1923

4 state decisions

2018541860187018801890190019101920decided

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.

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Shankland, Justice.

¶1After consulting with all his associates of the sixth district, denied the motion—holding, that pleas, -which were not inconsistent under the former practice of the courts, will not be held inconsistent as answers, under the Code. .All the justices in that district concurred in this decision.

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