Faulkner v. Mayor & Common Council

New York Supreme Court

Faulkner v. Mayor & Common Council

2 How. Pr. 150

DecidedApril 15, 1846

StatusPublished

This text of 2 How. Pr. 150 (Faulkner v. Mayor & Common Council) 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

Faulkner v. Mayor & Common Council, 2 How. Pr. 150 (N.Y. Super. Ct. 1846).

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Opinion

Beardsley, Justice.

Set aside the inquest and referred the cause, costs to abide the event, as it was a new point, and held that it would be well, and indeed ought to be done, in cases where there is a notice of trial served for a subsequent circuit before the close of the circuit at which the caüse has already been noticed and put upon the calendar, to insert in the *notice a reservation, to the effect that in case the cause is not tried at the present circuit; such instances would frequently occur, probably, in the city of New-York, where the circuits come near together.

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Beardsley, Justice.

Set aside the inquest and referred the cause, costs to abide the event, as it was a new point, and held that it would be well, and indeed ought to be done, in cases where there is a notice of trial served for a subsequent circuit before the close of the circuit at which the caüse has already been noticed and put upon the calendar, to insert in the *notice a reservation, to the effect that in case the cause is not tried at the present circuit; such instances would frequently occur, probably, in the city of New-York, where the circuits come near together.

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Bluebook (online)

2 How. Pr. 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faulkner-v-mayor-common-council-nysupct-1846.