Doubleday v. Sherman

U.S. Circuit Court for the District of Southern New York

Doubleday v. Sherman

7 F. Cas. 959, 6 Blatchf. 513, 1869 U.S. App. LEXIS 1295

CourtU.S. Circuit Court for the District of Southern New York

DecidedJuly 13, 1869

StatusPublished

Cited by2 cases

This text of 7 F. Cas. 959 (Doubleday v. Sherman) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Doubleday v. Sherman, 7 F. Cas. 959, 6 Blatchf. 513, 1869 U.S. App. LEXIS 1295 (circtsdny 1869).

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Opinion

BLATCHFORD, District Judge.

1. The defendants were advised of the decree as early •as May, ISOS, and yet took no steps to move to open it until April, 1869. They have, therefore, been guilty of such laches as not to be ■entitled to the favor they ask, as no excuse is shown for the delay.

2. By paying in full, in May, 1868. the exe- ■ cution issued for the taxed costs awarded to the plaintiff by the decree, without, before making such payment, taking measures to ■open the decree, the defendants have so affirmed the regularity and validity of the de- • cree, as to make it impossible now for them to move to set the decree aside, or to open it • to let in a defence.

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BLATCHFORD, District Judge.

1. The defendants were advised of the decree as early •as May, ISOS, and yet took no steps to move to open it until April, 1869. They have, therefore, been guilty of such laches as not to be ■entitled to the favor they ask, as no excuse is shown for the delay.

2. By paying in full, in May, 1868. the exe- ■ cution issued for the taxed costs awarded to the plaintiff by the decree, without, before making such payment, taking measures to ■open the decree, the defendants have so affirmed the regularity and validity of the de- • cree, as to make it impossible now for them to move to set the decree aside, or to open it • to let in a defence.

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Bluebook (online)

7 F. Cas. 959, 6 Blatchf. 513, 1869 U.S. App. LEXIS 1295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doubleday-v-sherman-circtsdny-1869.

Opinion

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