Brain v. Rodelicks & Shivers

1 Cole. & Cai. Cas. 176
CourtNew York Supreme Court
DecidedApril 15, 1803
StatusPublished

This text of 1 Cole. & Cai. Cas. 176 (Brain v. Rodelicks & Shivers) 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
Brain v. Rodelicks & Shivers, 1 Cole. & Cai. Cas. 176 (N.Y. Super. Ct. 1803).

Opinion

Per Curiam.

When a rule for a commission has been obtained, it suspends the cause till, on application to the court, a vacatur be ordered and entered. But, if the defendant appear, and examine witnesses, it is a waiver of his commission, and the vacatur is unnecessary. The motion must be refused.

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Bluebook (online)
1 Cole. & Cai. Cas. 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brain-v-rodelicks-shivers-nysupct-1803.