Grant v. Root

New York Supreme Court

Grant v. Root

3 Cow. 354

CourtNew York Supreme Court

DecidedOctober 15, 1824

StatusPublished

Cited by2 cases

This text of 3 Cow. 354 (Grant v. Root) 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

Grant v. Root, 3 Cow. 354 (N.Y. Super. Ct. 1824).

Pincite

Opinion

Sutherland, J.

said, the judgment was perfect after 4 ;1 , . , days, though the record was not filed ; so that no order cou^ be granted by a single Judge, or commissioner; to which the other Justices agreed ; but,

Curiam.

As here has been a misapprehension of the Prac^ce’ by the plaintiff’s attorney, and he has proceeded in good faith, andas there is probable cause for a new trial, we se* as’^e the defendants’ proceedings, on payment of costs, and let the plaintiff in to move for a new trial, in the same manner as if he had proceeded regularly, for that purpose, in the first instance.

Rule accordingly.

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Sutherland, J.

said, the judgment was perfect after 4 ;1 , . , days, though the record was not filed ; so that no order cou^ be granted by a single Judge, or commissioner; to which the other Justices agreed ; but,

Curiam.

As here has been a misapprehension of the Prac^ce’ by the plaintiff’s attorney, and he has proceeded in good faith, andas there is probable cause for a new trial, we se* as’^e the defendants’ proceedings, on payment of costs, and let the plaintiff in to move for a new trial, in the same manner as if he had proceeded regularly, for that purpose, in the first instance.

Rule accordingly.

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Bluebook (online)

3 Cow. 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grant-v-root-nysupct-1824.

Opinion

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