Niles v. Griswold

New York Supreme Court

Niles v. Griswold

3 How. Pr. 23

DecidedFebruary 15, 1847

StatusPublished

This text of 3 How. Pr. 23 (Niles v. Griswold) 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

Niles v. Griswold, 3 How. Pr. 23 (N.Y. Super. Ct. 1847).

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Opinion

Beardsley, Justice

Disallowed the charge of 78 cents for exemplified copy of judgment record, on the ground that there was no affidavit to show that it was necessary to use it; and that it did not appear from the pleas that it was necessary to have a copy to draw them by.

The charge for exemplified copy of bankrupt proceedings, $9,20, was allowed, on the ground, that the Defendant having pleaded his discharge in bankruptcy, it was necessary to set out the proceedings in pleading.

The charge of $3.75 for draft and copies rejoinders, were disallowed, on the ground that the issue was sufficiently joined by the replications concluding to the country, with the addition of “ &c.”

The charge of $3, for brief for trial and copies were allowed, on the ground that issue had been joined, and the party had a right to prepare his brief.

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Beardsley, Justice

Disallowed the charge of 78 cents for exemplified copy of judgment record, on the ground that there was no affidavit to show that it was necessary to use it; and that it did not appear from the pleas that it was necessary to have a copy to draw them by.

The charge for exemplified copy of bankrupt proceedings, $9,20, was allowed, on the ground, that the Defendant having pleaded his discharge in bankruptcy, it was necessary to set out the proceedings in pleading.

The charge of $3.75 for draft and copies rejoinders, were disallowed, on the ground that the issue was sufficiently joined by the replications concluding to the country, with the addition of “ &c.”

The charge of $3, for brief for trial and copies were allowed, on the ground that issue had been joined, and the party had a right to prepare his brief.

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Bluebook (online)

3 How. Pr. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niles-v-griswold-nysupct-1847.