Ex parte Stephens

New York Supreme Court

Ex parte Stephens

6 Cow. 69

DecidedAugust 15, 1826

StatusPublished

This text of 6 Cow. 69 (Ex parte Stephens) 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 Stephens, 6 Cow. 69 (N.Y. Super. Ct. 1826).

Pincite

Opinion

Per Curiam.

The act is very strictly construed. To entitle the party to appeal, he must follow up the requisites prescribed to him with great exactness. Such appears to have been the intention of the legislature; and with this accords the current of decision. The statute, (sess. 47, ch. 238, s. 36, p. 295,) is, that the party appealing shall pay to the justice the costs of the suit; and also the sum of 75 cents for making and filing the return. The words have not been complied with. The 75 cents, but not the costs, were paid to the justice. The motion must be denied.

Motion denied.

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Per Curiam.

The act is very strictly construed. To entitle the party to appeal, he must follow up the requisites prescribed to him with great exactness. Such appears to have been the intention of the legislature; and with this accords the current of decision. The statute, (sess. 47, ch. 238, s. 36, p. 295,) is, that the party appealing shall pay to the justice the costs of the suit; and also the sum of 75 cents for making and filing the return. The words have not been complied with. The 75 cents, but not the costs, were paid to the justice. The motion must be denied.

Motion denied.

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Bluebook (online)

6 Cow. 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-stephens-nysupct-1826.