People ex rel. Fuller v. Oneida Common Pleas
This text of 18 Wend. 342 (People ex rel. Fuller v. Oneida Common Pleas) 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
By the Court,
[653] The power of staying proceedings till security for [343]*343costs shall be filed, is incidental, and was long exercised independent of the statute, and may still be so exercised. Mandamus is clearly within the principle of the common law power. Delay, and taking steps on the part of the defendant with knowledge, seems to be an answer to the motion by several English authorities, (Graham's Pr. 507, 2d ed.,) but has never been so received in this court. The contrary has been held in a like case. (Jackson, ex dem. Williams, v. Miller, 3 Cowen, 57.) Motion granted.
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18 Wend. 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-fuller-v-oneida-common-pleas-nysupct-1837.