Oppie v. Colegrove

New York Supreme Court

Oppie v. Colegrove

19 Johns. 124

DecidedMay 15, 1821

StatusPublished

This text of 19 Johns. 124 (Oppie v. Colegrove) 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

Oppie v. Colegrove, 19 Johns. 124 (N.Y. Super. Ct. 1821).

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Opinion

Per Curiam.

It is true, that as late as the case of Sealy v. Shattuck, it was the practice to enter a rule, that the defendant in error join in error, or that the plaintiff in error be heard ex parte; and such is the practice of the English Courts. But, we believe, that the practice, for the last twenty years, has been different; and, as was done in this case, to enter a rule, that the defendant join in error in twenty days, or that his default be entered; and upon such default, to enter a rule for judgment of reversal. This mode of proceeding, being the most conformable to the usual practice of the Court, and the most convenient, we think that it ought to be pursued, and, therefore, deny the motion.

Motion denied.

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Per Curiam.

It is true, that as late as the case of Sealy v. Shattuck, it was the practice to enter a rule, that the defendant in error join in error, or that the plaintiff in error be heard ex parte; and such is the practice of the English Courts. But, we believe, that the practice, for the last twenty years, has been different; and, as was done in this case, to enter a rule, that the defendant join in error in twenty days, or that his default be entered; and upon such default, to enter a rule for judgment of reversal. This mode of proceeding, being the most conformable to the usual practice of the Court, and the most convenient, we think that it ought to be pursued, and, therefore, deny the motion.

Motion denied.

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Bluebook (online)

19 Johns. 124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oppie-v-colegrove-nysupct-1821.