Jackson ex. dem' Waggoner v. Murphy

New York Supreme Court

Jackson ex. dem' Waggoner v. Murphy

3 Cai. Cas. 82, 1 Cole. & Cai. Cas. 431

DecidedMay 15, 1805

StatusPublished

This text of 3 Cai. Cas. 82 (Jackson ex. dem' Waggoner v. Murphy) 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' Waggoner v. Murphy, 3 Cai. Cas. 82, 1 Cole. & Cai. Cas. 431 (N.Y. Super. Ct. 1805).

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Opinion

Kent, C. J.

, Were we to this application, could we enforce ¡qle leave we had given ? Suppose an action of trespass brought, would this be a justification ? But, it does not appear to me tliat our interference is necessary. The judge at the circuit would, upon the grounds, now shewn to the court, postpone the cause. You may however take your rule to stay proceedings, r till the lessors of the plaintiff enter into a consent rule for having a survey made.

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Kent, C. J.

, Were we to this application, could we enforce ¡qle leave we had given ? Suppose an action of trespass brought, would this be a justification ? But, it does not appear to me tliat our interference is necessary. The judge at the circuit would, upon the grounds, now shewn to the court, postpone the cause. You may however take your rule to stay proceedings, r till the lessors of the plaintiff enter into a consent rule for having a survey made.

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Bluebook (online)

3 Cai. Cas. 82, 1 Cole. & Cai. Cas. 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-ex-dem-waggoner-v-murphy-nysupct-1805.