Adams v. Gilbert

New York Supreme Court

Adams v. Gilbert

9 Wend. 499

CourtNew York Supreme Court

DecidedApril 15, 1833

StatusPublished

Cited by5 cases

This text of 9 Wend. 499 (Adams v. Gilbert) 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

Adams v. Gilbert, 9 Wend. 499 (N.Y. Super. Ct. 1833).

Pincite

Opinion

By the Court,

Savage, Ch. J.

When a cause is duly at issue, we will not inquire into the previous proceedings. It is competent for parties voluntarily to come into court and join issue, and having done so, it is immaterial whether the commencement of the suit was regular or not. Here an attorney of this court has appeared for all the defendants, who are bound by his act, unless they shew that he is irresponsible and cannot respond to them in damages, which in this case is not pretended. The motion is denied.

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By the Court,

Savage, Ch. J.

When a cause is duly at issue, we will not inquire into the previous proceedings. It is competent for parties voluntarily to come into court and join issue, and having done so, it is immaterial whether the commencement of the suit was regular or not. Here an attorney of this court has appeared for all the defendants, who are bound by his act, unless they shew that he is irresponsible and cannot respond to them in damages, which in this case is not pretended. The motion is denied.

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Bluebook (online)

9 Wend. 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-v-gilbert-nysupct-1833.

Opinion

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