Ex parte Root

New York Supreme Court

Ex parte Root

4 Cow. 548

DecidedAugust 15, 1825

StatusPublished

This text of 4 Cow. 548 (Ex parte Root) 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 Root, 4 Cow. 548 (N.Y. Super. Ct. 1825).

Pincite

Opinion

Curia.

The general practice, on denying motions of this kind, has been not to give costs, especially where the motion is merely ex parte. But where notice of the motion is given to the adverse party, which he opposes rightfully, as in this instance, and the law is plain against the relator, we see no reason why costs should not follow the denial. Such is the present case. The Common Pleas decided according to a known and well settled rule of practice.

Motion denied with costs

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Curia.

The general practice, on denying motions of this kind, has been not to give costs, especially where the motion is merely ex parte. But where notice of the motion is given to the adverse party, which he opposes rightfully, as in this instance, and the law is plain against the relator, we see no reason why costs should not follow the denial. Such is the present case. The Common Pleas decided according to a known and well settled rule of practice.

Motion denied with costs

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Bluebook (online)

4 Cow. 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-root-nysupct-1825.