Field v. Goodman

New York Supreme Court

Field v. Goodman

3 Wend. 310

CourtNew York Supreme Court

DecidedOctober 15, 1829

StatusPublished

Cited by1 cases

This text of 3 Wend. 310 (Field v. Goodman) 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

Field v. Goodman, 3 Wend. 310 (N.Y. Super. Ct. 1829).

Pincite

Opinion

By the Court,

Marcy, J.

The matter of defence arising after issue joined, intermediate the term and the circuit,’ ought to have been plead at the circuit; and for this there is a good reason, as it is discretionary with the judge whether he will accept the plea of puis darrien ox not. It was irregular,, therefore, to serve the plea in vacation. As, however, the party swears to merits, the inquest will be set aside, on payment of costs.

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By the Court,

Marcy, J.

The matter of defence arising after issue joined, intermediate the term and the circuit,’ ought to have been plead at the circuit; and for this there is a good reason, as it is discretionary with the judge whether he will accept the plea of puis darrien ox not. It was irregular,, therefore, to serve the plea in vacation. As, however, the party swears to merits, the inquest will be set aside, on payment of costs.

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Bluebook (online)

3 Wend. 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/field-v-goodman-nysupct-1829.

Opinion

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