Baker v. Taylor

New York Supreme Court

Baker v. Taylor

1 Cow. 165

CourtNew York Supreme Court

DecidedAugust 15, 1823

StatusPublished

Cited by5 cases

This text of 1 Cow. 165 (Baker v. Taylor) 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

Baker v. Taylor, 1 Cow. 165 (N.Y. Super. Ct. 1823).

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Opinion

Curia.

The discharge was too late to admit of its being pleaded puis darrein continuance. This could no more be done than if judgment had been signed. In the latter case the uniform practice is to discharge upon motion. The case of Baker v. Judges of Ulster, in the 4th John. Rep. 191, is substantially this case. Here is nothing alleged against the discharge. Should the plaintiff object fraud, or other ground impeaching its validity, we might then open the cause, so far as to give him a chance to try this question, leaving the judgment, in the mean time, to stand as security.

Motion granted.

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Curia.

The discharge was too late to admit of its being pleaded puis darrein continuance. This could no more be done than if judgment had been signed. In the latter case the uniform practice is to discharge upon motion. The case of Baker v. Judges of Ulster, in the 4th John. Rep. 191, is substantially this case. Here is nothing alleged against the discharge. Should the plaintiff object fraud, or other ground impeaching its validity, we might then open the cause, so far as to give him a chance to try this question, leaving the judgment, in the mean time, to stand as security.

Motion granted.

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Bluebook (online)

1 Cow. 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-taylor-nysupct-1823.

Opinion

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