Killpatrick v. Rose

New York Supreme Court

Killpatrick v. Rose

9 Johns. 78

CourtNew York Supreme Court

DecidedJanuary 15, 1812

StatusPublished

Cited by3 cases

This text of 9 Johns. 78 (Killpatrick v. Rose) 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

Killpatrick v. Rose, 9 Johns. 78 (N.Y. Super. Ct. 1812).

Pincite

Opinion

Per Curiam.

After argument and judgment, and the term ended, a parly comes too late to move to have the record amended, and to open the cause. If the argument had been founded upon an erroneous copy of the return, the case would have been different; but here the original return stated that the demand was only for 250 pounds of butter. It would be productive of great inconvenience to allow the losing party to resort to the justice to amend his return, after argument upon the return as made, and judgment given and perfected.

Motion denied.

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Per Curiam.

After argument and judgment, and the term ended, a parly comes too late to move to have the record amended, and to open the cause. If the argument had been founded upon an erroneous copy of the return, the case would have been different; but here the original return stated that the demand was only for 250 pounds of butter. It would be productive of great inconvenience to allow the losing party to resort to the justice to amend his return, after argument upon the return as made, and judgment given and perfected.

Motion denied.

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Bluebook (online)

9 Johns. 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/killpatrick-v-rose-nysupct-1812.

Opinion

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