50 F. 522 | U.S. Circuit Court for the District of Southern New York | 1892
This is a motion for attachment for contempt of court by reason of the alleged violation of an injunction order of this court enjoining the defendant Davis and his attorney from claiming or setting up, by answer or in any other manner, in any action or suit, and from maintaining against the plaintiff’, that a specified judgment against said Davis, which was rendered by a district court in the state df California; “was not duly given, made, or entered by a court having competent jurisdiction thereof, is not valid, and does not still stand of record in said court, and is not in full force against said defendant. ” The álleged contempt consists in the manner in which the defendant, by his attorney, Mr. Kenneson, has pleaded to the complainant’s amended com-' plaint in an action at law upon said judgment, in which complaint the judgment is declared upon in four counts or separate causes of action. The defendant presents in his answer two classes of defenses, one consisting of general denials of the complainant’s allegations, and the other mainly relying upon an alleged discharge in bankruptcy. The general denials are in the form which denies that the defendant has any knowledge or information sufficient to form a belief as to all the allegations contained in specified paragraphs of the complaint. It is not doubted that this statutory form of pleading puts hr issue the allegations which are referred to, and creates a material issue which compels the complainant to prove such allegations upon trial. Livingston v. Hammer, 7 Bosw. 674, Flood v. Reynolds, 13 How. Pr. 112; Wayland v. Tysen, 45 N. Y. 281. The question upon this part of the’ answer is whether the creation or the setting up of these issues by the general denials is in violation of the terms of the injunction. The fourth and tenth paragraphs of the complaint
The injunction order also expressly prohibited the defendant from setting up that the judgment is not in full force. My knowledge of tiie previous history of the litigation leads me to think that this order had reference to the defense of the invalidity of the judgment by reason of the lack of the jurisdiction of the court over the person of the defendant, and not to a discharge of the judgment, or of the debt evidenced thereby, by reason of bankruptcy proceedings. I do not understand that the defendant was in fact enjoined against interposing this defense, and from maintaining that by reason of it the judgment had lost its force. In my opinion, the defendant’s general denial of the seventeenth and eighteenth paragraphs of the complaint, which allege that the judgment is in full