M'Dowell v. Van Deusen

New York Supreme Court

M'Dowell v. Van Deusen

12 Johns. 356

CourtNew York Supreme Court

DecidedOctober 15, 1815

StatusPublished

Cited by8 cases

This text of 12 Johns. 356 (M'Dowell v. Van Deusen) 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

M'Dowell v. Van Deusen, 12 Johns. 356 (N.Y. Super. Ct. 1815).

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Opinion

Per Curiam.

The plea puis darrein continuance, was properly overruled. Admitting the truth of the matter set forth in it, it was not such as the defendant could avail himself of, to prevent the trial. It is a general principle, (1 Inst. 294. 2 Inst. 422.) that a judge cannot be excepted to, or challenged, for corrup-. tian ; but must be punished by indictment, or impeachment. If this plea could not be supported, it was agreed by the parties that judgment should be rendered for the plaintiffs. The judgment must, therefore, be affirmed.

Judgment affirmed.

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Per Curiam.

The plea puis darrein continuance, was properly overruled. Admitting the truth of the matter set forth in it, it was not such as the defendant could avail himself of, to prevent the trial. It is a general principle, (1 Inst. 294. 2 Inst. 422.) that a judge cannot be excepted to, or challenged, for corrup-. tian ; but must be punished by indictment, or impeachment. If this plea could not be supported, it was agreed by the parties that judgment should be rendered for the plaintiffs. The judgment must, therefore, be affirmed.

Judgment affirmed.

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Bluebook (online)

12 Johns. 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mdowell-v-van-deusen-nysupct-1815.

Opinion

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