Borst v. Griffin

New York Supreme Court

Borst v. Griffin

5 Wend. 84

CourtNew York Supreme Court

DecidedAugust 5, 1830

StatusPublished

Cited by8 cases

This text of 5 Wend. 84 (Borst v. Griffin) 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

Borst v. Griffin, 5 Wend. 84 (N.Y. Super. Ct. 1830).

Pincite

Opinion

By the Court,

Marcy, J.

The declaration in this case is in the nature of process, but is not process within the meaning of the statute referred to, requiring process to be made returnable within the two first weeks of term ; the statute speaks of the issuing teste and return of process, which language is applicable only to writs. The default, however, was prematurely entered, and the motion is therefore granted.

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By the Court,

Marcy, J.

The declaration in this case is in the nature of process, but is not process within the meaning of the statute referred to, requiring process to be made returnable within the two first weeks of term ; the statute speaks of the issuing teste and return of process, which language is applicable only to writs. The default, however, was prematurely entered, and the motion is therefore granted.

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Bluebook (online)

5 Wend. 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/borst-v-griffin-nysupct-1830.

Opinion

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