Abeel v. Wolcott

New York Supreme Court

Abeel v. Wolcott

1 Cai. Cas. 249, 1 Cole. & Cai. Cas. 229

DecidedAugust 15, 1803

StatusPublished

This text of 1 Cai. Cas. 249 (Abeel v. Wolcott) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abeel v. Wolcott, 1 Cai. Cas. 249, 1 Cole. & Cai. Cas. 229 (N.Y. Super. Ct. 1803).

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Opinion

Per Curiam.

The application is to set aside a writ of inquiry, when there is none before the court. There is no return, no inquisition, and nothing to set aside. There was a written agreement, which does not appear to have been complied with. The plaintiff is in possession of his own writ of inquiry, and we see no objection to his issuing a new one; for as the writ is not before us, we cannot grant him the effect of his motion as to setting it aside.

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Per Curiam.

The application is to set aside a writ of inquiry, when there is none before the court. There is no return, no inquisition, and nothing to set aside. There was a written agreement, which does not appear to have been complied with. The plaintiff is in possession of his own writ of inquiry, and we see no objection to his issuing a new one; for as the writ is not before us, we cannot grant him the effect of his motion as to setting it aside.

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Bluebook (online)

1 Cai. Cas. 249, 1 Cole. & Cai. Cas. 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abeel-v-wolcott-nysupct-1803.