Kinnie v. Whitford

New York Supreme Court

Kinnie v. Whitford

17 Johns. 34

CourtNew York Supreme Court

DecidedAugust 15, 1819

StatusPublished

Cited by4 cases

This text of 17 Johns. 34 (Kinnie v. Whitford) 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

Kinnie v. Whitford, 17 Johns. 34 (N.Y. Super. Ct. 1819).

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Opinion

Per Curiam.

In a qui tam action, the statute (1 N. R. L, 143. sess. 24. ch. 25. s. 2. 2 R. S. 595, 596. sec. 26, &c.) does not require that bail to a writ of error should be put in, in order to make it a supersedeas. But in this case the execution had issued, and was actually levied on the property of the defendant, before the writ of error was filed; and the writ of error was, therefore, no supersedeas. This W'as so decided in Blanchard v. Myers, (9 Johns. Rep. 66.)

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Per Curiam.

In a qui tam action, the statute (1 N. R. L, 143. sess. 24. ch. 25. s. 2. 2 R. S. 595, 596. sec. 26, &c.) does not require that bail to a writ of error should be put in, in order to make it a supersedeas. But in this case the execution had issued, and was actually levied on the property of the defendant, before the writ of error was filed; and the writ of error was, therefore, no supersedeas. This W'as so decided in Blanchard v. Myers, (9 Johns. Rep. 66.)

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Bluebook (online)

17 Johns. 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kinnie-v-whitford-nysupct-1819.

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