Ex parte Clarke

New York Supreme Court

Ex parte Clarke

3 Cow. 379

DecidedOctober 15, 1824

StatusPublished

This text of 3 Cow. 379 (Ex parte Clarke) 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 Clarke, 3 Cow. 379 (N.Y. Super. Ct. 1824).

Pincite

Opinion

Curia.

The Common Pleas have nothing to do with the question whether the notice was good or bad; If it con[380]*380tained such information as satisfied the Justice, and instructed him as to the place of return, it does not lie with the party to object that it is defective. Here was nothing to mislead or injure him. The bond was in the proper form ; and the intention of the appellant could not be mistaken.

Rule for an alternative mandamus.

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Curia.

The Common Pleas have nothing to do with the question whether the notice was good or bad; If it con[380]*380tained such information as satisfied the Justice, and instructed him as to the place of return, it does not lie with the party to object that it is defective. Here was nothing to mislead or injure him. The bond was in the proper form ; and the intention of the appellant could not be mistaken.

Rule for an alternative mandamus.

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Bluebook (online)

3 Cow. 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-clarke-nysupct-1824.