Ex parte Stafford

New York Supreme Court

Ex parte Stafford

6 Cow. 44

DecidedAugust 15, 1826

StatusPublished

This text of 6 Cow. 44 (Ex parte Stafford) 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 Stafford, 6 Cow. 44 (N.Y. Super. Ct. 1826).

Pincite

Opinion

Per Curiam.

The case cited was one in which no issue was joined. If an issue is joined, there must be a trial before judgment can be rendered for the plaintiff ; though it maybe ex parte, and like an inquest at the circuit. It is not the less a trial of the cause, within the words of the statute, because it is not actually contested, and witnesses sworn on both sides. It does not alter its character, whether the defendant be present or absent.

The motion must'be denied.

Motion denied.

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Per Curiam.

The case cited was one in which no issue was joined. If an issue is joined, there must be a trial before judgment can be rendered for the plaintiff ; though it maybe ex parte, and like an inquest at the circuit. It is not the less a trial of the cause, within the words of the statute, because it is not actually contested, and witnesses sworn on both sides. It does not alter its character, whether the defendant be present or absent.

The motion must'be denied.

Motion denied.

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Bluebook (online)

6 Cow. 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-stafford-nysupct-1826.