Hibbard v. Hoag

New York Supreme Court

Hibbard v. Hoag

2 How. Pr. 186

DecidedJune 15, 1846

StatusPublished

This text of 2 How. Pr. 186 (Hibbard v. Hoag) 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

Hibbard v. Hoag, 2 How. Pr. 186 (N.Y. Super. Ct. 1846).

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Opinion

Plaintiff’s counsel insisted that the judgment before the justice was not extinguished by the appeal. The appeal might be discontinued by the appellant, or it might be dismissed, by the common pleas, and then the judgment before the justice would be in full force. (6 Hill, 612.) The cause of action was not destroyed but suspended.

The defendant had not so pleaded as to avail himself of the appéal. He should have pleaded in abatement. His papers showed he had only pleaded in bar. (2 Johns. Cases, 312.) Hence the plaintiff might stipulate.

Jewett, Justice.

Granted the motion, unless plaintiff stipulated and paid the costs of the motion.

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Plaintiff’s counsel insisted that the judgment before the justice was not extinguished by the appeal. The appeal might be discontinued by the appellant, or it might be dismissed, by the common pleas, and then the judgment before the justice would be in full force. (6 Hill, 612.) The cause of action was not destroyed but suspended.

The defendant had not so pleaded as to avail himself of the appéal. He should have pleaded in abatement. His papers showed he had only pleaded in bar. (2 Johns. Cases, 312.) Hence the plaintiff might stipulate.

Jewett, Justice.

Granted the motion, unless plaintiff stipulated and paid the costs of the motion.

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Bluebook (online)

2 How. Pr. 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hibbard-v-hoag-nysupct-1846.