Freeland & Hoffman v. Seely

New York Supreme Court

Freeland & Hoffman v. Seely

22 Wend. 629

CourtNew York Supreme Court

DecidedJune 15, 1840

StatusPublished

Cited by1 cases

This text of 22 Wend. 629 (Freeland & Hoffman v. Seely) 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

Freeland & Hoffman v. Seely, 22 Wend. 629 (N.Y. Super. Ct. 1840).

Pincite

Opinion

By the Court,

Cowen, J.

The order of the judge may be taken as of itself evidence of probable cause. The delay of the defendant is excused, and the only question is, therefore, one of costs. The 81st rule limits the right of appeal to eight days from notice of the decision. That means the signing of the decision by the circuit judge ; not the filing of it. The appeal may stand on payment of costs by the defendant.

Rule accordingly.

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By the Court,

Cowen, J.

The order of the judge may be taken as of itself evidence of probable cause. The delay of the defendant is excused, and the only question is, therefore, one of costs. The 81st rule limits the right of appeal to eight days from notice of the decision. That means the signing of the decision by the circuit judge ; not the filing of it. The appeal may stand on payment of costs by the defendant.

Rule accordingly.

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Bluebook (online)

22 Wend. 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeland-hoffman-v-seely-nysupct-1840.

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