Jackson ex dem. Prior v. Brown

New York Supreme Court

Jackson ex dem. Prior v. Brown

1 Cai. Cas. 484, 1 Cole. & Cai. Cas. 299

DecidedNovember 15, 1803

StatusPublished

This text of 1 Cai. Cas. 484 (Jackson ex dem. Prior v. Brown) 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. Prior v. Brown, 1 Cai. Cas. 484, 1 Cole. & Cai. Cas. 299 (N.Y. Super. Ct. 1803).

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Opinion

Per Ouriam.

It does not appear any countermand was ever given, though there was time for doing so, between the period when the impossibility of procuring the document was discovered, and the day fixed for the circuit. It is true, the act of God is to work injury to no one; but when, as here, the impossibility induced by that act could have been communicated to the defendant -in season, to to have prevented his attendance on the circuit, and this was omitted, the fault was with the plaintiff, and he must pay costs.

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Per Ouriam.

It does not appear any countermand was ever given, though there was time for doing so, between the period when the impossibility of procuring the document was discovered, and the day fixed for the circuit. It is true, the act of God is to work injury to no one; but when, as here, the impossibility induced by that act could have been communicated to the defendant -in season, to to have prevented his attendance on the circuit, and this was omitted, the fault was with the plaintiff, and he must pay costs.

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Bluebook (online)

1 Cai. Cas. 484, 1 Cole. & Cai. Cas. 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-prior-v-brown-nysupct-1803.