In re the Application for a Writ of Mandamus to the Justices of the Superior Court of New York

New York Supreme Court

In re the Application for a Writ of Mandamus to the Justices of the Superior Court of New York

1 How. Pr. 200

DecidedJune 15, 1845

StatusPublished

This text of 1 How. Pr. 200 (In re the Application for a Writ of Mandamus to the Justices of the Superior Court of New York) 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.

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In re the Application for a Writ of Mandamus to the Justices of the Superior Court of New York, 1 How. Pr. 200 (N.Y. Super. Ct. 1845).

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Opinion

It was insisted by relator’s counsel that the cause of action as stated in plaintiffs’ declaration, showed that it accrued to themselves and not to the testator, their stating themselves to he executors was not sufficient to exonerate them from the payment of costs ; that to exonerate from costs they must necessarily sue in their representative character.

Jewett, Justice.

Took the same view of the subject, and allowed an alternative mandamus to require the superior court to vacate their order denying defendant’s motion, and to compel plaintiff to make up and file a record of judgment inserting therein the amount of defendant’s costs, &c.

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It was insisted by relator’s counsel that the cause of action as stated in plaintiffs’ declaration, showed that it accrued to themselves and not to the testator, their stating themselves to he executors was not sufficient to exonerate them from the payment of costs ; that to exonerate from costs they must necessarily sue in their representative character.

Jewett, Justice.

Took the same view of the subject, and allowed an alternative mandamus to require the superior court to vacate their order denying defendant’s motion, and to compel plaintiff to make up and file a record of judgment inserting therein the amount of defendant’s costs, &c.

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Bluebook (online)

1 How. Pr. 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-application-for-a-writ-of-mandamus-to-the-justices-of-the-nysupct-1845.