Ex parte Brown

New York Supreme Court

Ex parte Brown

7 Cow. 468

New York Supreme Court·Decided October 15, 1827·Published·Cited by 2 cases

Opinion

Per Curiam.

We - have decided that such a bond is defective. (6 Cowen, 585.) The consequence is, that the O. P. had no jurisdiction ; and might dismiss or quash the appeal at any time. (Ibid. id. 592, 593.) The principle which sanctions a dismissal upon the trial, extends to every stage of the cause. The C. P. wanted jurisdiction, and had a right to dismiss the cause, therefore, without regard to what the parties may have done in it.

Motion denied.

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Per Curiam.

We - have decided that such a bond is defective. (6 Cowen, 585.) The consequence is, that the O. P. had no jurisdiction ; and might dismiss or quash the appeal at any time. (Ibid. id. 592, 593.) The principle which sanctions a dismissal upon the trial, extends to every stage of the cause. The C. P. wanted jurisdiction, and had a right to dismiss the cause, therefore, without regard to what the parties may have done in it.

Motion denied.

Ex parte Brown, 7 Cow. 468 (N.Y. Super. Ct. 1827).

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Opinion

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