Bradstreet v. Clarke

New York Supreme Court

Bradstreet v. Clarke

4 Wend. 211

CourtNew York Supreme Court

DecidedMay 15, 1830

StatusPublished

Cited by1 cases

This text of 4 Wend. 211 (Bradstreet v. Clarke) 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

Bradstreet v. Clarke, 4 Wend. 211 (N.Y. Super. Ct. 1830).

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Opinion

By the Court,

Marcy, J.

The proceedings in this suit must be conformable to the practice as it existed previous to the Revised Statutes taking effect, the suit having been commenced previous to the first of January last. Those statutes do not modify the proceeding as to voucher in real actions, but abolishes it altogether. (2 R. S. 341, § 17.) The provisions of those statutes, however, cannot effect suits commenced previous to the first day of January; they must be conducted according to the practice as it existed before the Revised Statutes went into operation. Let the plea be filed.

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By the Court,

Marcy, J.

The proceedings in this suit must be conformable to the practice as it existed previous to the Revised Statutes taking effect, the suit having been commenced previous to the first of January last. Those statutes do not modify the proceeding as to voucher in real actions, but abolishes it altogether. (2 R. S. 341, § 17.) The provisions of those statutes, however, cannot effect suits commenced previous to the first day of January; they must be conducted according to the practice as it existed before the Revised Statutes went into operation. Let the plea be filed.

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Bluebook (online)

4 Wend. 211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradstreet-v-clarke-nysupct-1830.

Opinion

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