Lockwood v. Fox

New York Court of Common Pleas

Lockwood v. Fox

8 Daly 127

DecidedNovember 6, 1878

StatusPublished

This text of 8 Daly 127 (Lockwood v. Fox) is published on Counsel Stack Legal Research, covering New York Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lockwood v. Fox, 8 Daly 127 (N.Y. Super. Ct. 1878).

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Opinion

Joseph F. Daly, J.

Before the new Code actions for the foreclosure of mortgages upon real estate could not be consolidated. (Grant v. Spencer, cited Voor. Code, 6th Ed., p. 257, note i.) The provisions of the Revised Statutes have uniformly been held to apply to actions at law only. (2 R. [128]*128S. 383, § 36, 2 Wait’s Pr. 555.) And since the new Code went into operation the Supreme Court at special term has held the rule to be the same as before. (Beck v. Ruggles, Daily Reg. Sept. 19th, 1878.) The language of the new enactment (Code, § 817), which is nearly identical with that of the Revised Statutes, clearly in dicates that the legislature, having the uniform practice and current of decisions under that statute under consideration at the time of (¡he new enactment, did not intend a change in the law.

Motions denied, with $10 costs.

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Joseph F. Daly, J.

Before the new Code actions for the foreclosure of mortgages upon real estate could not be consolidated. (Grant v. Spencer, cited Voor. Code, 6th Ed., p. 257, note i.) The provisions of the Revised Statutes have uniformly been held to apply to actions at law only. (2 R. [128]*128S. 383, § 36, 2 Wait’s Pr. 555.) And since the new Code went into operation the Supreme Court at special term has held the rule to be the same as before. (Beck v. Ruggles, Daily Reg. Sept. 19th, 1878.) The language of the new enactment (Code, § 817), which is nearly identical with that of the Revised Statutes, clearly in dicates that the legislature, having the uniform practice and current of decisions under that statute under consideration at the time of (¡he new enactment, did not intend a change in the law.

Motions denied, with $10 costs.

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Bluebook (online)

8 Daly 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lockwood-v-fox-nyctcompl-1878.