Doe v. Roe

New York Supreme Court

Doe v. Roe

1 Cow. 216

DecidedAugust 15, 1823

StatusPublished

This text of 1 Cow. 216 (Doe v. Roe) 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

Doe v. Roe, 1 Cow. 216 (N.Y. Super. Ct. 1823).

Pincite

Opinion

Curia.

Applications for a new trial upon these feigned issues, have, in several instances, been made to this Court, without objection : as appears from the cases cited by the [218]*218plaintiff’s counsel; and one of those applications was upo® a fejgne(j jssue to tl.y fact 0f adultery : but they are also entertained in the Court of Chancery ; and the statute seem,s *-° contemplate the latter Court, as the proper tribunal for this purpose. Without saying, therefore, whether we have power to hear and determine the motion for a new trial in this cause, we order it to be stricken from the calendar, qn the ground, that this is á matter more properly cognizable in the Court of Chancery.

Rule accordingly.

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Curia.

Applications for a new trial upon these feigned issues, have, in several instances, been made to this Court, without objection : as appears from the cases cited by the [218]*218plaintiff’s counsel; and one of those applications was upo® a fejgne(j jssue to tl.y fact 0f adultery : but they are also entertained in the Court of Chancery ; and the statute seem,s *-° contemplate the latter Court, as the proper tribunal for this purpose. Without saying, therefore, whether we have power to hear and determine the motion for a new trial in this cause, we order it to be stricken from the calendar, qn the ground, that this is á matter more properly cognizable in the Court of Chancery.

Rule accordingly.

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Bluebook (online)

1 Cow. 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-roe-nysupct-1823.