Doe v. Roe

New York Supreme Court

Doe v. Roe

5 Hill & Den. 376

DecidedJune 15, 1843

StatusPublished

This text of 5 Hill & Den. 376 (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, 5 Hill & Den. 376 (N.Y. Super. Ct. 1843).

Pincite

Opinion

By the Court, Cowen, J.

According to a case in 2 P. Wms. 68, this question is cognizable in the court of chancery. It is said in that case, that if the plaintiff in the feigned issue give notice of trial, and do not countermand it in time, the court of chancery will give costs upon motion, and not put the party to move in a court of law. The remark certainly implies that we may also give the relief. We think, however, it belongs more properly to chancery.

Motion denied.

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By the Court, Cowen, J.

According to a case in 2 P. Wms. 68, this question is cognizable in the court of chancery. It is said in that case, that if the plaintiff in the feigned issue give notice of trial, and do not countermand it in time, the court of chancery will give costs upon motion, and not put the party to move in a court of law. The remark certainly implies that we may also give the relief. We think, however, it belongs more properly to chancery.

Motion denied.

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Bluebook (online)

5 Hill & Den. 376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-roe-nysupct-1843.