Moody v. Gleason
This text of 7 Cow. 482 (Moody v. Gleason) 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.
Opinion
The infants have mistaken their remedy. The cause was tried on a valid issue as to some of the defendants.. This puts the whole to an appeal, admitting that the infants are to be considered as not before the justice’s court. A trial as to any of the defendants, requires an appeal on their part; and draws after it the same remedy as to all. The cause cannot be divided; part of the defendants bringing certiorari, and part appealing; or, as here, part remaining in the justice’s court. The course should have been to appeal to the common pleas, who might there have appointed guardians ; or, if this ceremony had been omitted in that court, error would lie for that cause, upon a verdict and judgment against the infants.
Motion granted.
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7 Cow. 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moody-v-gleason-nysupct-1827.