Beard v. Van Wickle

New York Supreme Court

Beard v. Van Wickle

3 Cow. 335

DecidedOctober 15, 1824

StatusPublished

This text of 3 Cow. 335 (Beard v. Van Wickle) 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

Beard v. Van Wickle, 3 Cow. 335 (N.Y. Super. Ct. 1824).

Pincite

Opinion

Curia-

The plaintiff, cannot have bis damages assessed by the Clerk, where the declaration includes the money counts, with a count upon a promissory note, without first entering a nolle prosequi upon tije former. (Burr v. Waterman & Wells, 2 Cowen’s Rep. 36 to 39, note (f).). The defendant cannot compel the plaintiff to enter a nolle prosequi. This is at his option ; and, of course, he must choose whether he will proceed by assessment before the Clerk, or a writ of inquiry;' 1

Motion denied with costs.

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Curia-

The plaintiff, cannot have bis damages assessed by the Clerk, where the declaration includes the money counts, with a count upon a promissory note, without first entering a nolle prosequi upon tije former. (Burr v. Waterman & Wells, 2 Cowen’s Rep. 36 to 39, note (f).). The defendant cannot compel the plaintiff to enter a nolle prosequi. This is at his option ; and, of course, he must choose whether he will proceed by assessment before the Clerk, or a writ of inquiry;' 1

Motion denied with costs.

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Bluebook (online)

3 Cow. 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beard-v-van-wickle-nysupct-1824.