Kane v. Scofield

New York Supreme Court

Kane v. Scofield

2 Cai. Cas. 368, 1 Cole. & Cai. Cas. 414

DecidedFebruary 15, 1805

StatusPublished

This text of 2 Cai. Cas. 368 (Kane v. Scofield) 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

Kane v. Scofield, 2 Cai. Cas. 368, 1 Cole. & Cai. Cas. 414 (N.Y. Super. Ct. 1805).

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Opinion

Per Owriam.

By the opposition of the case cited, is not intended the mere saying of counsel that they oppose; it must *be such as has at least a color or resemblance of reality. The notice could not be for the first day. It appears by the record that it was not till then that there was a joinder in demurrer.

Judgment for the plaintiff.

IS". B. — It was ruled in this case, that where the reason of not noticing for the first day of term appears on the face of the record, no affidavit in excuse need be made.

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Per Owriam.

By the opposition of the case cited, is not intended the mere saying of counsel that they oppose; it must *be such as has at least a color or resemblance of reality. The notice could not be for the first day. It appears by the record that it was not till then that there was a joinder in demurrer.

Judgment for the plaintiff.

IS". B. — It was ruled in this case, that where the reason of not noticing for the first day of term appears on the face of the record, no affidavit in excuse need be made.

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Bluebook (online)

2 Cai. Cas. 368, 1 Cole. & Cai. Cas. 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kane-v-scofield-nysupct-1805.