Cutler v. Gidney

New York Supreme Court

Cutler v. Gidney

1 Cow. 571

DecidedOctober 15, 1823

StatusPublished

This text of 1 Cow. 571 (Cutler v. Gidney) 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

Cutler v. Gidney, 1 Cow. 571 (N.Y. Super. Ct. 1823).

Pincite

Opinion

Curia.

From what does appear, we think the affidavit is . __ 11 fully answered by the return; but we will not, m general, look into these applications to amend a Justice’s return, unless we are furnished with the affidavit on which the writ

was founded, together with the return, or copies of these papers sworn to, or certified. Without these, we cannot say whether the return be defective or not, The motion must, for this reason, be denied.

Motion denied.

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Curia.

From what does appear, we think the affidavit is . __ 11 fully answered by the return; but we will not, m general, look into these applications to amend a Justice’s return, unless we are furnished with the affidavit on which the writ

was founded, together with the return, or copies of these papers sworn to, or certified. Without these, we cannot say whether the return be defective or not, The motion must, for this reason, be denied.

Motion denied.

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Bluebook (online)

1 Cow. 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cutler-v-gidney-nysupct-1823.