Jackson ex dem' Colden v. Brownell
This text of 3 Cai. Cas. 151 (Jackson ex dem' Colden v. Brownell) 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.
Opinion
When the cause is of such a nature, that either side may notice for argument, both are equally in default if it be not brought on. The only mode in such a case to get rid of a judge’s order, is to give a counter notice, and when the cause is called on the calendar, to come Sward and demand judgment. Here each party has [152]*152noticed, and neither one has moved ; the application muse therefore be denied. Had the cause been such, that both parties could not have noticed, then the present motion would have been right.
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Cite This Page — Counsel Stack
3 Cai. Cas. 151, 1 Cole. & Cai. Cas. 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-colden-v-brownell-nysupct-1805.