People ex rel. Davis v. Judges of the Court of C. P.

New York Supreme Court

People ex rel. Davis v. Judges of the Court of C. P.

8 Cow. 131

DecidedFebruary 15, 1828

StatusPublished

This text of 8 Cow. 131 (People ex rel. Davis v. Judges of the Court of C. P.) 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

People ex rel. Davis v. Judges of the Court of C. P., 8 Cow. 131 (N.Y. Super. Ct. 1828).

Pincite

Opinion

Curia.

There are certainly some provisions in the 50 dollar act, especially in the 36th section, inconsistent with the idea that a plaintiff appellee or appellant can be non-suited. But this is a right which the plaintiff has in all other courts. It is a common law right, which we think cannot be taken away by mere implication. The legislature have not denied it expressly; and till they do this, we must take it as their intention that it should remain.

Motion denied.

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Curia.

There are certainly some provisions in the 50 dollar act, especially in the 36th section, inconsistent with the idea that a plaintiff appellee or appellant can be non-suited. But this is a right which the plaintiff has in all other courts. It is a common law right, which we think cannot be taken away by mere implication. The legislature have not denied it expressly; and till they do this, we must take it as their intention that it should remain.

Motion denied.

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Bluebook (online)

8 Cow. 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-davis-v-judges-of-the-court-of-c-p-nysupct-1828.