Clute v. Parker

New York Supreme Court

Clute v. Parker

1 How. Pr. 229

DecidedSeptember 15, 1845

StatusPublished

This text of 1 How. Pr. 229 (Clute v. Parker) 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

Clute v. Parker, 1 How. Pr. 229 (N.Y. Super. Ct. 1845).

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Opinion

It was objected by plaintiff’s counsel, to payment of costs of this motion, that it was made since the new rules went into operation, and was made merely for the costs.

It was answered that the writ was issued under the old rules; and the error having occurred under them, they should govern as to costs : that the 61st new rule did not apply.

Beardsley, Justice

Decided that the old rules must control the costs, and allowed the writ to be amended nunc pro tunc, by inserting the name of the chief justice; the plaintiff to pay ten dollars costs of the motion.

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It was objected by plaintiff’s counsel, to payment of costs of this motion, that it was made since the new rules went into operation, and was made merely for the costs.

It was answered that the writ was issued under the old rules; and the error having occurred under them, they should govern as to costs : that the 61st new rule did not apply.

Beardsley, Justice

Decided that the old rules must control the costs, and allowed the writ to be amended nunc pro tunc, by inserting the name of the chief justice; the plaintiff to pay ten dollars costs of the motion.

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Bluebook (online)

1 How. Pr. 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clute-v-parker-nysupct-1845.