Murray v. Smith

New York Supreme Court

Murray v. Smith

1 Cole. & Cai. Cas. 76, 1 Cole. Cas. 71

DecidedApril 15, 1799

StatusPublished

This text of 1 Cole. & Cai. Cas. 76 (Murray v. Smith) 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

Murray v. Smith, 1 Cole. & Cai. Cas. 76, 1 Cole. Cas. 71 (N.Y. Super. Ct. 1799).

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Opinion

THE cause had been removed by habeas corpus, and the plaintiff had filed a declaration, and entered a rule to plead; but the defendant not having put in bail, a procedendo issued, and the plaintiff prevailed in the Court below. On a reference to the judges by .both the parties, they declared that the plaintiff was not entitled to have the costs of the declaration and rule to plead in this court, taxed against the defendant,; these services being useless, until the defendant has put in bail.

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THE cause had been removed by habeas corpus, and the plaintiff had filed a declaration, and entered a rule to plead; but the defendant not having put in bail, a procedendo issued, and the plaintiff prevailed in the Court below. On a reference to the judges by .both the parties, they declared that the plaintiff was not entitled to have the costs of the declaration and rule to plead in this court, taxed against the defendant,; these services being useless, until the defendant has put in bail.

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Bluebook (online)

1 Cole. & Cai. Cas. 76, 1 Cole. Cas. 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murray-v-smith-nysupct-1799.