Boyle v. Boyle

New York Supreme Court

Boyle v. Boyle

2 How. Pr. 10

DecidedDecember 15, 1845

StatusPublished

This text of 2 How. Pr. 10 (Boyle v. Boyle) 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

Boyle v. Boyle, 2 How. Pr. 10 (N.Y. Super. Ct. 1845).

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Opinion

Plaintiff’s counsel objected, 1st, that the affidavit did not show it was referred, as it did not name the circuit judge, by whom it was referred. 2d, that the new rules did not take effect until the first day of August last, and consequently could have no application1 to causes referred, before the rule (44) went into operation.

Jewett, Justice.

Held, the reference regular; and that the new rules must now govern, for as soon as they went into effect, there were no other rules for the court.

Motion granted with costs.

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Plaintiff’s counsel objected, 1st, that the affidavit did not show it was referred, as it did not name the circuit judge, by whom it was referred. 2d, that the new rules did not take effect until the first day of August last, and consequently could have no application1 to causes referred, before the rule (44) went into operation.

Jewett, Justice.

Held, the reference regular; and that the new rules must now govern, for as soon as they went into effect, there were no other rules for the court.

Motion granted with costs.

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Bluebook (online)

2 How. Pr. 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyle-v-boyle-nysupct-1845.