Cagger v. Gardner
1 How. Pr. 142
This text of 1 How. Pr. 142 (Cagger v. Gardner) 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
Cagger v. Gardner, 1 How. Pr. 142 (N.Y. Super. Ct. 1845).
Opinion
The defendant has no merits; but moves on the sole ground of irregularity. In such cases, the rule is, that the party must move at the first opportunity, or he will be too late. Here the defendant’s attorneys knew of the irregularity on the 11th of February— three full weeks before the March special term, at which time he should have moved.
Decision.—Motion denied, with $7 costs of opposing.
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Related
McAlpine v. Sweetser
76 Ind. 78 (Indiana Supreme Court, 1881)
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Bluebook (online)
1 How. Pr. 142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cagger-v-gardner-nysupct-1845.