Jackson ex dem. Fitzsimmons v. Fitzsimmons

New York Supreme Court

Jackson ex dem. Fitzsimmons v. Fitzsimmons

6 Wend. 546

CourtNew York Supreme Court

DecidedAugust 4, 1831

StatusPublished

Cited by3 cases

This text of 6 Wend. 546 (Jackson ex dem. Fitzsimmons v. Fitzsimmons) 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. Fitzsimmons v. Fitzsimmons, 6 Wend. 546 (N.Y. Super. Ct. 1831).

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Opinion

By the Court,

Savage, Ch. J.

The practice here, in a case like this, does not appear to be settled. According to the practice of the K. B. in England, when there is a verdict found for either party, subject to the opinion of the court above on a case made, the postea is stayed in the hands of the officer of nisi prius till the question is determined, and the [547]*547verdict is then entered for the plaintiff or defendant, as the case may happen, 2 Tidd, 808, and such must be the practice here. The motion is granted.

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By the Court,

Savage, Ch. J.

The practice here, in a case like this, does not appear to be settled. According to the practice of the K. B. in England, when there is a verdict found for either party, subject to the opinion of the court above on a case made, the postea is stayed in the hands of the officer of nisi prius till the question is determined, and the [547]*547verdict is then entered for the plaintiff or defendant, as the case may happen, 2 Tidd, 808, and such must be the practice here. The motion is granted.

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Bluebook (online)

6 Wend. 546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-fitzsimmons-v-fitzsimmons-nysupct-1831.

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