Ex parte Weed

New York Supreme Court

Ex parte Weed

5 Cow. 286

DecidedFebruary 15, 1826

StatusPublished

This text of 5 Cow. 286 (Ex parte Weed) 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 Weed, 5 Cow. 286 (N.Y. Super. Ct. 1826).

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Opinion

Curia.

The common pleas were right in quashing the appeal for the variance. There might well be two judgments between the parties ; one for $5, and the other for $4 25. In an action by the appellee upon the bond, the judgment recited by it could not, without matter aliunde, appear to be the same as the one revised upon the appeal. We do not say whether such matter could be received; but, at any rate, he ought not to be put to such a doubtfm remedy, as this bond would afford him. We have uniformly required great strictness in prosecuting these appeals and we felt ourselves justified in this course, from the language of the statute.

Motion denied.

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Curia.

The common pleas were right in quashing the appeal for the variance. There might well be two judgments between the parties ; one for $5, and the other for $4 25. In an action by the appellee upon the bond, the judgment recited by it could not, without matter aliunde, appear to be the same as the one revised upon the appeal. We do not say whether such matter could be received; but, at any rate, he ought not to be put to such a doubtfm remedy, as this bond would afford him. We have uniformly required great strictness in prosecuting these appeals and we felt ourselves justified in this course, from the language of the statute.

Motion denied.

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Bluebook (online)

5 Cow. 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-weed-nysupct-1826.