Allan v. Smith

New York Supreme Court

Allan v. Smith

20 Johns. 477

CourtNew York Supreme Court

DecidedJanuary 15, 1823

StatusPublished

Cited by1 cases

This text of 20 Johns. 477 (Allan v. Smith) 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

Allan v. Smith, 20 Johns. 477 (N.Y. Super. Ct. 1823).

Pincite

Opinion

Per Curiam,

The affidavits, on the part of the defendant, show, not only that he has a material defence, but that [478]*478he has been prevented from appearing on the return of the summonSj by mistake and accident. Every Court has the power to adapt its practice to the attainment of justice between the parties ; whatever may be the ancient practice on writs of right, and in actions of dower, we cannot consent, that a party shall be deprived of his right to make a defence, when he has one to make, and has been deprived of the opportunity of doing it,' by mere mistake or accident. We think the motion ought, to be granted.

Rule granted.

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Per Curiam,

The affidavits, on the part of the defendant, show, not only that he has a material defence, but that [478]*478he has been prevented from appearing on the return of the summonSj by mistake and accident. Every Court has the power to adapt its practice to the attainment of justice between the parties ; whatever may be the ancient practice on writs of right, and in actions of dower, we cannot consent, that a party shall be deprived of his right to make a defence, when he has one to make, and has been deprived of the opportunity of doing it,' by mere mistake or accident. We think the motion ought, to be granted.

Rule granted.

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Bluebook (online)

20 Johns. 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allan-v-smith-nysupct-1823.

Opinion

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