Ex parte Ward

New York Supreme Court

Ex parte Ward

5 Cow. 20

CourtNew York Supreme Court

DecidedOctober 15, 1825

StatusPublished

Cited by5 cases

This text of 5 Cow. 20 (Ex parte Ward) 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 Ward, 5 Cow. 20 (N.Y. Super. Ct. 1825).

Pincite

Opinion

Curia.

The proviso relied upon is, “ that no new trial shall be granted, otherwise than for irregularity, unless one of the judges present and concurring, shall be of the degree of counsellor at law in the Supreme Court of this state.” ■ This presence and concurrence are referable to the time of granting the motion; not the time of trial. It must depend on the judge’s own discretion, upon the means of information, and circumstances of the case whether he will interfere. We deny the motion, but without costs.

Motion denied.

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Curia.

The proviso relied upon is, “ that no new trial shall be granted, otherwise than for irregularity, unless one of the judges present and concurring, shall be of the degree of counsellor at law in the Supreme Court of this state.” ■ This presence and concurrence are referable to the time of granting the motion; not the time of trial. It must depend on the judge’s own discretion, upon the means of information, and circumstances of the case whether he will interfere. We deny the motion, but without costs.

Motion denied.

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Bluebook (online)

5 Cow. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-ward-nysupct-1825.

Opinion

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