Jackson ex dem. Demont v. Sackett

New York Supreme Court

Jackson ex dem. Demont v. Sackett

6 Cow. 38

DecidedAugust 15, 1826

StatusPublished

This text of 6 Cow. 38 (Jackson ex dem. Demont v. Sackett) 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. Demont v. Sackett, 6 Cow. 38 (N.Y. Super. Ct. 1826).

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Opinion

Curia.

We think otherwise. You must shew the defendants to be in contempt. For this purpose you are required to exhibit the original rule. It is still more important that the power should be shown. In most cases, parties have knowledge of the rule taken against them ; or may, at least, obtain knowledge of it by searching the minutes of court. The power is a private document, the knowledge of which lies between the attorney and his agent. The uniform practice has been to require its exhibition. The motion must be denied.

Motion denied.

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Curia.

We think otherwise. You must shew the defendants to be in contempt. For this purpose you are required to exhibit the original rule. It is still more important that the power should be shown. In most cases, parties have knowledge of the rule taken against them ; or may, at least, obtain knowledge of it by searching the minutes of court. The power is a private document, the knowledge of which lies between the attorney and his agent. The uniform practice has been to require its exhibition. The motion must be denied.

Motion denied.

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Bluebook (online)

6 Cow. 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-demont-v-sackett-nysupct-1826.