Coster v. Waring
19 Wend. 97
This text of 19 Wend. 97 (Coster v. Waring) 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
Coster v. Waring, 19 Wend. 97 (N.Y. Super. Ct. 1838).
Opinion
By the Court,
The sole object of the 88th rule was to regulate the costs of amendment after demurrer. We cannot look into the pleadings, on a motion of this kind, in a case circumstanced like the present. If the plaintiff’s attorney considered the demurrer frivolous, he should have moved for judgment on that ground.
Motion granted.
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Related
Gill v. Stebbins
10 F. Cas. 379 (U.S. Circuit Court for the District of Southern New York, 1828)
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Bluebook (online)
19 Wend. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coster-v-waring-nysupct-1838.