Ex parte Kellogg

New York Supreme Court

Ex parte Kellogg

3 Cow. 372

CourtNew York Supreme Court

DecidedOctober 15, 1824

StatusPublished

Cited by1 cases

This text of 3 Cow. 372 (Ex parte Kellogg) 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 Kellogg, 3 Cow. 372 (N.Y. Super. Ct. 1824).

Pincite

Opinion

Per Curiam.

The statute is merely directory. True, if

the Justice does not return on or before the first day of the next term after the appeal, it is an omission of duty ; but the party is not to suffer by this. If filed at any time afterwards, he may proceed in his appeal. The statute does not require that the payment of costs should be endorsed upon the bond. If, in fact, paid, this is enough ; and the contrary is not pretended.

Motion denied,

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Per Curiam.

The statute is merely directory. True, if

the Justice does not return on or before the first day of the next term after the appeal, it is an omission of duty ; but the party is not to suffer by this. If filed at any time afterwards, he may proceed in his appeal. The statute does not require that the payment of costs should be endorsed upon the bond. If, in fact, paid, this is enough ; and the contrary is not pretended.

Motion denied,

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Bluebook (online)

3 Cow. 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-kellogg-nysupct-1824.

Opinion

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