Higley v. Robinson

New York Supreme Court

Higley v. Robinson

7 Wend. 482

DecidedFebruary 9, 1832

StatusPublished

This text of 7 Wend. 482 (Higley v. Robinson) 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

Higley v. Robinson, 7 Wend. 482 (N.Y. Super. Ct. 1832).

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Opinion

Motion to set aside proceedings for irregularity. The suit in this case was on a bond given as security for costs, executed by a non-resident plaintiff. The defendant moved to set aside the proceedings, on the ground that the suit was commenced on the bond which had been filed in the clerk’s office', without previous leave obtained from the court. The motion was denied, with costs, the Chief Justice saying that previous leave to commence the suit was not necessary; it only being incumbent upon the plaintiff to ■ shew that the bond was* forfeited, to entitle him to sustain his action-.

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Motion to set aside proceedings for irregularity. The suit in this case was on a bond given as security for costs, executed by a non-resident plaintiff. The defendant moved to set aside the proceedings, on the ground that the suit was commenced on the bond which had been filed in the clerk’s office', without previous leave obtained from the court. The motion was denied, with costs, the Chief Justice saying that previous leave to commence the suit was not necessary; it only being incumbent upon the plaintiff to ■ shew that the bond was* forfeited, to entitle him to sustain his action-.

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Bluebook (online)

7 Wend. 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higley-v-robinson-nysupct-1832.