Ex parte Benson

New York Supreme Court

Ex parte Benson

6 Cow. 592

CourtNew York Supreme Court

DecidedFebruary 15, 1827

StatusPublished

Cited by3 cases

This text of 6 Cow. 592 (Ex parte Benson) 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

Ex parte Benson, 6 Cow. 592 (N.Y. Super. Ct. 1827).

Pincite

Opinion

Per Curiam.

We think the C. P. were right. The parties were not before them for any purpose except the motion ; and they were not bound, even if they had jurisdiction, to award the regular and ordinary costs of the cause. These follow, only where the suit comes into court. Here it never was there. There was a want of jurisdiction as to the cause itself; and when we say the C. P. has jurisdiction of the parties for the purpose of awarding costs, we mean the costs of the motion; the maU ter alone upon which the court can act.

Motion denied.

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Per Curiam.

We think the C. P. were right. The parties were not before them for any purpose except the motion ; and they were not bound, even if they had jurisdiction, to award the regular and ordinary costs of the cause. These follow, only where the suit comes into court. Here it never was there. There was a want of jurisdiction as to the cause itself; and when we say the C. P. has jurisdiction of the parties for the purpose of awarding costs, we mean the costs of the motion; the maU ter alone upon which the court can act.

Motion denied.

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Bluebook (online)

6 Cow. 592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-benson-nysupct-1827.

Opinion

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