Jackson ex dem' Counter v. Giles

New York Supreme Court

Jackson ex dem' Counter v. Giles

3 Cai. Cas. 88, 1 Cole. & Cai. Cas. 442

DecidedMay 15, 1805

StatusPublished

This text of 3 Cai. Cas. 88 (Jackson ex dem' Counter v. Giles) 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' Counter v. Giles, 3 Cai. Cas. 88, 1 Cole. & Cai. Cas. 442 (N.Y. Super. Ct. 1805).

Pincite

Opinion

Per curiam.

The service is on the face of it insufficient. We not- investigate the merits of any application, which the other side does not oppose; because we construe silence into consent, and an acknowledgement that the law is with the person moving. But [89]*89we require the notice and affidavit of service tobe read) because they are to conform to our own rules, all of which are known to the court. This reasoning, however, does not apply to transactions between the parties to a suit. The motion must therefore fie. denied though -there is no opposition.

NEW-YORK, May, 1805.

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

Per curiam.

The service is on the face of it insufficient. We not- investigate the merits of any application, which the other side does not oppose; because we construe silence into consent, and an acknowledgement that the law is with the person moving. But [89]*89we require the notice and affidavit of service tobe read) because they are to conform to our own rules, all of which are known to the court. This reasoning, however, does not apply to transactions between the parties to a suit. The motion must therefore fie. denied though -there is no opposition.

NEW-YORK, May, 1805.

Cite This Page — Counsel Stack

Bluebook (online)

3 Cai. Cas. 88, 1 Cole. & Cai. Cas. 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-counter-v-giles-nysupct-1805.