Brantingham's Case

New York Supreme Court

Brantingham's Case

1 Cole. & Cai. Cas. 48

DecidedApril 15, 1795

StatusPublished

This text of 1 Cole. & Cai. Cas. 48 (Brantingham's Case) 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

Brantingham's Case, 1 Cole. & Cai. Cas. 48 (N.Y. Super. Ct. 1795).

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Opinion

His honour Judge Benson, reserved the question, and stated the case to the judges at a conference, at which they were all present.

They were of opinion that a supersedeas ought not to be allowed : That the intent of the statute was to enable the defendant to put the plaintiff to his election, either to charge the defendant’s body in execution, or to resort to his estate; and the plaintiff" having made his election before the supersedeas was allowed, the defendant was not entitled to his discharge.

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His honour Judge Benson, reserved the question, and stated the case to the judges at a conference, at which they were all present.

They were of opinion that a supersedeas ought not to be allowed : That the intent of the statute was to enable the defendant to put the plaintiff to his election, either to charge the defendant’s body in execution, or to resort to his estate; and the plaintiff" having made his election before the supersedeas was allowed, the defendant was not entitled to his discharge.

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Bluebook (online)

1 Cole. & Cai. Cas. 48, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brantinghams-case-nysupct-1795.