Jackson ex dem' Cobley v. Valentine

New York Supreme Court

Jackson ex dem' Cobley v. Valentine

3 Cai. Cas. 128, 1 Cole. & Cai. Cas. 469

DecidedAugust 15, 1805

StatusPublished

This text of 3 Cai. Cas. 128 (Jackson ex dem' Cobley v. Valentine) 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

Jackson ex dem' Cobley v. Valentine, 3 Cai. Cas. 128, 1 Cole. & Cai. Cas. 469 (N.Y. Super. Ct. 1805).

Pincite

Opinion

[128]*128WHERE on the last day but one of a circuit, there appear so many old causes to be tried, that the judge himself is of opinion it seemed impossible a young issue could be brought on, and, from this conviction, so many of the suitors go home that an unexpected opportunity otters ox trying a [129]*129cause, the plaintiff in which, had, with his witnesses, left the circuit, the court said, he was not in default, and, on a motion for judgment as in case of nonsuit, not only refused the application, but excused from costs and stipulation.

To gain a priority on a motion for judgment upon a frivolous demurrer, the notice must state the frivolousness as the ground of application.

Free access — add to your briefcase to read the full text and ask questions with AI

[128]*128WHERE on the last day but one of a circuit, there appear so many old causes to be tried, that the judge himself is of opinion it seemed impossible a young issue could be brought on, and, from this conviction, so many of the suitors go home that an unexpected opportunity otters ox trying a [129]*129cause, the plaintiff in which, had, with his witnesses, left the circuit, the court said, he was not in default, and, on a motion for judgment as in case of nonsuit, not only refused the application, but excused from costs and stipulation.

To gain a priority on a motion for judgment upon a frivolous demurrer, the notice must state the frivolousness as the ground of application.

Cite This Page — Counsel Stack

Bluebook (online)

3 Cai. Cas. 128, 1 Cole. & Cai. Cas. 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-cobley-v-valentine-nysupct-1805.