Beall v. Dey

New York Supreme Court

Beall v. Dey

7 Wend. 513

CourtNew York Supreme Court

DecidedMarch 22, 1832

StatusPublished

Cited by5 cases

This text of 7 Wend. 513 (Beall v. Dey) 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

Beall v. Dey, 7 Wend. 513 (N.Y. Super. Ct. 1832).

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Opinion

By the Court,

Savage, Ch. J.

The advice of an attorney is the advice of counsel, within the meaning of this rule of practice. Here the affidavit is made by the attorney, and he states that the witnesses are material, which is sufficient. The delay in asking for the commission is not so great as to preclude the defendant from the effect of his motion. Let a commission issue, with stay of proceedings until the same can be executed and returned.

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By the Court,

Savage, Ch. J.

The advice of an attorney is the advice of counsel, within the meaning of this rule of practice. Here the affidavit is made by the attorney, and he states that the witnesses are material, which is sufficient. The delay in asking for the commission is not so great as to preclude the defendant from the effect of his motion. Let a commission issue, with stay of proceedings until the same can be executed and returned.

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Bluebook (online)

7 Wend. 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beall-v-dey-nysupct-1832.

Opinion

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