Martin v. Wilson

New York Court of Appeals

Martin v. Wilson

3 How. Pr. 195

DecidedSeptember 15, 1847

StatusPublished

This text of 3 How. Pr. 195 (Martin v. Wilson) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martin v. Wilson, 3 How. Pr. 195 (N.Y. 1847).

Pincite

Opinion

The court held the case under advisement two or three days,-when they [196]*196gave their decision by" Jewett, Chief Judge, stating that the proper remedy of the Defendant in error, was by demurrer; there was no practice or authority to authorize a replication to be stricken out as frivolous or inappropriate, unless it was evident that it was an insult to the court, or an improper paper to be on file; in such case the court would order it to be taken from the files. Motion denied with costs.

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The court held the case under advisement two or three days,-when they [196]*196gave their decision by" Jewett, Chief Judge, stating that the proper remedy of the Defendant in error, was by demurrer; there was no practice or authority to authorize a replication to be stricken out as frivolous or inappropriate, unless it was evident that it was an insult to the court, or an improper paper to be on file; in such case the court would order it to be taken from the files. Motion denied with costs.

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Bluebook (online)

3 How. Pr. 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-wilson-ny-1847.