Hicks v. Knickerbacker

New York Supreme Court

Hicks v. Knickerbacker

2 Wend. 288

DecidedMay 15, 1829

StatusPublished

This text of 2 Wend. 288 (Hicks v. Knickerbacker) 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

Hicks v. Knickerbacker, 2 Wend. 288 (N.Y. Super. Ct. 1829).

Pincite

Opinion

By the Court, Sutherland, J.

The defendant might have given notice after the adjournment of the circuit for a day in the first week of term, but he was not bound to do so. Not being able to give notice for the first day of term after the adjournment of the circuit, he was under no necessity of noticing his motion for a subsequent day in term, but might wait until the next term. The defendant is entitled to judgment as in case of nonsuit, unless the plaintiff stipulates and pays the costs.

Anon.

the^rato^of court requiting ticeofdmotion' will not be received as an excuse for not giving sufficient notice.

Ignorance of the rule of court requiring eight days notice of motions, will not be received as an excuse for not giving sufficient notice.

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By the Court, Sutherland, J.

The defendant might have given notice after the adjournment of the circuit for a day in the first week of term, but he was not bound to do so. Not being able to give notice for the first day of term after the adjournment of the circuit, he was under no necessity of noticing his motion for a subsequent day in term, but might wait until the next term. The defendant is entitled to judgment as in case of nonsuit, unless the plaintiff stipulates and pays the costs.

Anon.

the^rato^of court requiting ticeofdmotion' will not be received as an excuse for not giving sufficient notice.

Ignorance of the rule of court requiring eight days notice of motions, will not be received as an excuse for not giving sufficient notice.

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Bluebook (online)

2 Wend. 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hicks-v-knickerbacker-nysupct-1829.