People ex rel. M'Donald v. Hickox

New York Supreme Court

People ex rel. M'Donald v. Hickox

3 Hill & Den. 446

DecidedJuly 15, 1842

StatusPublished

This text of 3 Hill & Den. 446 (People ex rel. M'Donald v. Hickox) 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. M'Donald v. Hickox, 3 Hill & Den. 446 (N.Y. Super. Ct. 1842).

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Opinion

By the Court, Bronson, J.

Although in form criminal, this is in substance a civil proceeding to recover the possession of land. The relator is in effect the moving party. If he succeeds he recovers costs, and if he fails he must pay costs. (2 R, S. 613, § 3, 16, 39.) I see no reason why judgment as in case of nonsuit should not be granted in this case as well as in other actions.

Motion granted.

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By the Court, Bronson, J.

Although in form criminal, this is in substance a civil proceeding to recover the possession of land. The relator is in effect the moving party. If he succeeds he recovers costs, and if he fails he must pay costs. (2 R, S. 613, § 3, 16, 39.) I see no reason why judgment as in case of nonsuit should not be granted in this case as well as in other actions.

Motion granted.

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Bluebook (online)

3 Hill & Den. 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-mdonald-v-hickox-nysupct-1842.